Equity and Civil Law

Chipnick

Hi there. Just started a Law Course and have a (probably desperately simple!) question to ask the forum.... What is the difference between Equitable and Civil Law??? Any definitions appreciated, thanks.

dermot_sheehan

Equity was the jurisdiction exercised by the courts of chancery, the idea being instead of strict application of legal principles would be ameliorated by justice. Concepts such as the mortgage and injunctions originated in the courts of equity.

The common law was simply concerned with the law and procedure, the only remedy granted by common law courts for a wrong was damages.

In 1877 there was the union of judicature where the jurisdictions wre fused and the one high court (and the courts of the assizes which later became circuit courts) exercised the powers of both the court of chancery and the king's bench division (court of common law)

Maximilian

The legal systems on the continent, such as in France, are often called Civil Law systems (as opposed to our common law ones) if thats what you mean.

civillaw

Equitable law is one of the part of Civil law. Only certain courts have jurisdiction to enter equitable orders. They are called chancery courts

Reloc8

The most relevant distinction, aside from origins, in the modern practical context, is that civil/common law offers damages as a remedy for breach of rights, duties or injury, broadly speaking, whereas equitable remedies order things to be done or restrain the doing of things which are considered to be wrong in equity. Following from that is that in order to secure equitable relief is that you must 'come with clean hands' i.e. not be guilty of misbehaviour against the other party yourself. This doesn't apply when claiming damages.