Equity in Roman Law : Lectures Delivered in the University of London, at the Request of the Faculty of Laws (Classic Reprint)

Excerpt from Equity in Roman Law: Lectures Delivered in the University of London, at the Request of the Faculty of Laws

(girard, Manuel, The same state of things arises in those cases in which the Praetor, in his Edict, declares that he will give a certain actio or exceptio, causa cognita. Here, though the grant of the action or defence is entirely in the hands of the Praetor, it is not he, but the ordinary index, who presides over the resulting proceedings. The equitable nature of the relief has nothing to do with that of the ultimate tribunal. There is no such thing as an Equity Court.

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