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το δίκαιο της επιείκειας

English translation: equity

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Greek term or phrase:το δίκαιο της επιείκειας
English translation:equity
Entered by: JULIAN VULLIAMY
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14:55 Nov 4, 2007
Greek to English translations [PRO]
Law/Patents - Law (general)
Greek term or phrase: το δίκαιο της επιείκειας
In a judgement of the Supreme Court of Cyprus: "Κατά χχχτο δίακιο της επιείκειας χχχ η εφαρμογή της αρχής της ψυχικής πίεσης είχε πρόθεση να εξασφαλίσει ότι δεν θα πρέπει να επιτραπεί σε κανένα να διατηρήσει το όφελος, που προέκυψε από το δόλο του ή την παράνομή του πράξη.
I don't think I can translate this as 'the law of clemency' because, as far as I know, no such concept exists. A lawyer has suggested 'the law of equity'. Would this be correct?
JULIAN VULLIAMY
United Kingdom
Local time: 11:46
equity
Explanation:
"Equity is the name given to the set of legal principles, in countries following the English common law tradition (see English law), which supplement strict rules of law where their application would operate harshly, so as to achieve what is sometimes referred to as "natural justice." It is often confusingly contrasted with "law", which in this context refers to "statutory law" (the laws enacted by a legislature, such as Parliament), and "common law" (the principles established by judges when they decide cases)." (from Wikipedia)

It is a strange term for a Greek lawyer (Greek law does not have anything like equity) but obviously Cypriot law recognises equity, since the law of Cyprus is heavily influenced by English law.

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Note added at 20 mins (2007-11-04 15:15:44 GMT)
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Equity is hardly ever spoken of as "law" since that connotes common law.

"The student should not allow himself to be confused by the lawyer's habit of contrasting "law" and "equity", for in this context "law" is simply an abbreviation of common law. Equity *is* law in the sense that it is part of the law of England; it is not law only in the sens that it is not part of the common law." Glanville Williams, Learning the Law, 10th ed. (1978), p. 23.
Selected response from:

Natalia Alexiou
Local time: 13:46
Grading comment
Thankyou Natalia for a very full and helpful answer. sorry for not replying sooner. Rather busy!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +6equityNatalia Alexiou
4equity law
Nektaria Notaridou


  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
equity law


Explanation:
http://en.wikipedia.org/wiki/Equity_(law)

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Note added at 11 mins (2007-11-04 15:07:29 GMT)
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Equity (law)

System of law supplementing the ordinary rules of law where the application of these would operate harshly in a particular case; sometimes it is regarded as an attempt to achieve ‘natural justice’. So understood, equity appears as an element in most legal systems, and in a number of legal codes judges are instructed to apply both the rules of strict law and the principles of equity in reaching their decisions.
http://www.tiscali.co.uk/reference/encyclopaedia/hutchinson/...

Nektaria Notaridou
Local time: 03:46
Specializes in field
Native speaker of: Native in GreekGreek, Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Natalia Alexiou: I disagree about "law". See my answer.
3 mins
Login to enter a peer comment (or grade)

12 mins   confidence: Answerer confidence 5/5 peer agreement (net): +6
equity


Explanation:
"Equity is the name given to the set of legal principles, in countries following the English common law tradition (see English law), which supplement strict rules of law where their application would operate harshly, so as to achieve what is sometimes referred to as "natural justice." It is often confusingly contrasted with "law", which in this context refers to "statutory law" (the laws enacted by a legislature, such as Parliament), and "common law" (the principles established by judges when they decide cases)." (from Wikipedia)

It is a strange term for a Greek lawyer (Greek law does not have anything like equity) but obviously Cypriot law recognises equity, since the law of Cyprus is heavily influenced by English law.

--------------------------------------------------
Note added at 20 mins (2007-11-04 15:15:44 GMT)
--------------------------------------------------

Equity is hardly ever spoken of as "law" since that connotes common law.

"The student should not allow himself to be confused by the lawyer's habit of contrasting "law" and "equity", for in this context "law" is simply an abbreviation of common law. Equity *is* law in the sense that it is part of the law of England; it is not law only in the sens that it is not part of the common law." Glanville Williams, Learning the Law, 10th ed. (1978), p. 23.

Example sentence(s):
  • http://en.wikipedia.org/wiki/Equity_%28law%29
Natalia Alexiou
Local time: 13:46
Specializes in field
Native speaker of: Greek
PRO pts in category: 20
Grading comment
Thankyou Natalia for a very full and helpful answer. sorry for not replying sooner. Rather busy!

Peer comments on this answer (and responses from the answerer)
agree  socratisv
34 mins

agree  Evi Prokopi
1 hr

agree  Assimina Vavoula
1 hr

agree  Nadia-Anastasia Fahmi
2 hrs

agree  Vicky Papaprodromou
2 hrs

agree  Mirjana Popovic Kirkontzogloy
30 days
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