Ex aequo et bono refers to the act of making a decision based on principles of fairness and goodness. This approach is commonly employed in international law, granting decision-makers the freedom to exercise their own judgement rather than strictly adhering to legal rules. For instance, if both parties consent, a court may utilise ex aequo et bono to reach a verdict. Related terms include ex altera parte, examen, and examen computi.
Ex aequo et bono, a Latin term meaning “according to what is equitable and good,” allows decision-makers in international law to deviate from legal rules and instead apply principles of fairness. For instance, Article 38(2) of the Statute of the International Court of Justice permits the Court to decide a case ex aequo et bono if both parties agree. This means that the Court can make a decision based on what is fair and just, rather than strictly adhering to legal rules. This flexibility is valuable in situations where the law does not offer a clear solution or when strict adherence to the law may not be the most appropriate approach.
“Ex aequo et bono” is a Latin phrase that translates to “according to what is just and good.” It refers to a legal principle where a decision is made based on fairness and equity rather than strict adherence to the law.
Courts may apply the principle of “ex aequo et bono” when the parties involved agree to resolve their dispute based on fairness and equity rather than relying on specific legal rules or statutes.
No, “ex aequo et bono” is not recognized in all legal systems. It is more commonly used in international arbitration or alternative dispute resolution processes.
Yes, parties can agree to resolve their dispute using “ex aequo et bono” even if it is not recognized in their legal system. This can be done through alternative dispute resolution methods such as mediation or arbitration.
When applying “ex aequo et bono,” factors such as fairness, equity, and the specific circumstances of the case are taken into account. The decision is based on what is considered just and good in the particular situation.
In some cases, a court may have the authority to override the parties’ agreement to use “ex aequo et bono” and apply the law instead. This typically occurs when the court determines that the agreement is contrary to public policy or violates fundamental legal principles.
Yes, decisions made using “ex aequo et bono” can be legally binding if the parties have agreed to be bound by the decision. However, it is important to note that the enforceability of such decisions may vary depending on the jurisdiction and the specific circumstances of the case.
No, “ex aequo et bono” is generally not applicable in criminal cases. Criminal cases are typically governed by specific criminal laws and procedures, and the principle of “ex aequo et bono” is more commonly used in civil or commercial disputes.
The ability to appeal a decision made using “ex aequo et bono” depends on the specific rules and procedures of the jurisdiction or arbitration process. In some cases, the decision may be final and binding, while in others, there may be limited grounds for appeal.
“Ex aequo et bono” is not as commonly used as other legal principles, such as the rule of law or precedent. However, it can be a valuable tool in resolving disputes where the parties prioritize fairness and equity over strict legal rules.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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