The Law of Equity
Common law jurisdictions have a system of law, which runs parallel to that of statutory law and recorded judicial decisions, and seeks to ensure just and impartial treatment of any claim through a particular set of remedies and associated procedures based on universal principles of what is right and fair.
Read the texts and and use the forum option below to draw parallels with the Bulgarian system of adjudication.
History
The distinction between "pre-formulated law" and "equity" is an accident of history. In medieval times the courts that enforced the king’s laws all over England were called "courts of law". The types of claims that were heard there and the remedies provided were quite limited, and many meritorious plaintiffs were denied relief. At the same time, remedies could also be obtained through filing a petition with the king. These addresses were
usually phrased in terms of throwing oneself upon the king's mercy or conscience. Eventually, the king began to regularly delegate the function of resolving such petitions to the Chancellor, an important member of the King's Council. At the time, the Chancellor was usually a clergyman and the King's
confessor, so he was literally the keeper of the King's conscience. Soon the Chancery, the Crown's secretarial department, began to resemble a judicial body and became known as the "Court of Chancery".
Today
Equitable rights and equitable interests are cognisable by a court of equity,
which possesses equitable power and can enforce them by means of equitable
remedies: 1. The two main equitable remedies are injunction 2. and specific
performance. 3. Both derive from the realisation that monetary damages (the
remedy most commonly awarded by the court of law) cannot provide a solution to all legal disputes. For example An injunction may be of better use than monetary damages (recoverable under the Law of Tort) to a complainant, who has been suffering someone repeatedly trespass on his or her land. An order of specific performance may better satisfy the needs of a farmer, whose only milk cow has been stolen by a neighbour as opposed to receiving the monetary value of the cow.
Important notes:
Remedy is usually translated in Bulgarian as “средство за съдебна защита”.
Injunction is usually translated in Bulgarian as “съдебна забрана”.
Specific performance is usually translated in Bulgarian as “реално изпълнение”.
Read the texts and and use the forum option below to draw parallels with the Bulgarian system of adjudication.
History
The distinction between "pre-formulated law" and "equity" is an accident of history. In medieval times the courts that enforced the king’s laws all over England were called "courts of law". The types of claims that were heard there and the remedies provided were quite limited, and many meritorious plaintiffs were denied relief. At the same time, remedies could also be obtained through filing a petition with the king. These addresses were
usually phrased in terms of throwing oneself upon the king's mercy or conscience. Eventually, the king began to regularly delegate the function of resolving such petitions to the Chancellor, an important member of the King's Council. At the time, the Chancellor was usually a clergyman and the King's
confessor, so he was literally the keeper of the King's conscience. Soon the Chancery, the Crown's secretarial department, began to resemble a judicial body and became known as the "Court of Chancery".
Today
Equitable rights and equitable interests are cognisable by a court of equity,
which possesses equitable power and can enforce them by means of equitable
remedies: 1. The two main equitable remedies are injunction 2. and specific
performance. 3. Both derive from the realisation that monetary damages (the
remedy most commonly awarded by the court of law) cannot provide a solution to all legal disputes. For example An injunction may be of better use than monetary damages (recoverable under the Law of Tort) to a complainant, who has been suffering someone repeatedly trespass on his or her land. An order of specific performance may better satisfy the needs of a farmer, whose only milk cow has been stolen by a neighbour as opposed to receiving the monetary value of the cow.
Important notes:
Remedy is usually translated in Bulgarian as “средство за съдебна защита”.
Injunction is usually translated in Bulgarian as “съдебна забрана”.
Specific performance is usually translated in Bulgarian as “реално изпълнение”.
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