Sources - equity
3 important questions on Sources - equity
What is said in Article 38 about equity?
Application of general principles of law recognised by civilised nations and as in more than one nation principles of equity have an established place the court had freedom to consider them in law.
Why can equity as a concept in itself not be a source of law?
It does not contribute to substantive law
What is the concept of ex aequo et bono in court?
If the parties agree thereto the court may apply equity in precedence over all other rules.
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