some more background info
FYI: "Apart from Common Law and Statute Law, the most important department of our legal system is Equity. We sometimes use the term 'equity', or words corresponding to it, in popular language as if it was something altogether outside law. We speak of a judgment in a particular case or of a rule laid down in a judgment as being undoubtedly according to law, but as being 'unfair', or 'unjust', or 'inequitable'. Such a moral judgement in no way affects the law. [...] But when a modern lawyer uses the term 'law' and 'equity' he does not mean to say that equity is not law. He is speaking really of two different kinds of law - the Common Law on the one side, the rules of Equity on the other - which are equally law. They are rules which are not merely morally but legally binding: they are enforced by the courts.
The relation between law and equity
(1) The distinction between law and equity occurs in other systems. Thus the ius honorarium, developed by the praetor's edict, played a vital part in the development of Roman Law. But while in Rome ius honorarium was administered in the same courts as the ius civile, in England law and equity, until the Judicature Act 1873 came into effect in 1875, were administered in different courts.
(2) These two sets of rules, though distinct, must not be looked upon as two co-ordinate and independent systems. On the contrary, the rules of Equity are only a sort of supplement or appendix to the Common Law; they assume its existence but they add something further. In this way Equity is an addendum to the Common Law.
(3) Further, the rules of Equity, though they did not contradict the rules of Common Law, in effect and in practice produced a result opposed to that which would have been produced if the Common Law rules had remained alone. A Common Law right was practically, though not theoretically, nullified by the existence of a countervailing equitable right. In this sense we may speak of a 'conflict or variance' between the rules of Law and the rules of Equity, in the language of section 25 (sub-section 11) of the Judicature Act 1873 (now replaced by section 49 of the Supreme Court Act 1981).
(4) Though since the Judicature Act came into force in 1875 the rules of Common Law and Equity are recognized and administered in the same court, yet they still remain distinct bodies of law, governed largely by different principles. In order to ascertain the rights to which any given set of facts give rise, we must always ask (i) what is the rule of Common Law? (ii) what difference (if any) is made in the working of this rule by the existence of some rule of Equity applying to the case?
(5) Like the Common Law, the rules of Equity are judicial law, i.e. to find them we must look in the first instances to the decisions of the judges who have administered Equity. But some branches of Equity, like some branches of the Common Law, have been restated with amendments and additions in codifying Acts, such as the Partnership Act 1890." (source: Introduction to English Law - Originally Elements of English Law by William Geldart, Oxford University Press 1995).
Note added at 51 mins (2004-10-15 17:39:07 GMT)
Considering all of that, I would say that you are fine in translating \"in law and equity\" as \"gesetzlich\". :-)
|Derek Gill Franßen|
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