Define: Ex Equitate

“Ex equitate” is a Latin phrase that translates to “according to equity” in English. It refers to a legal principle where decisions are made based on fairness and justice rather than strict adherence to the law.

While “ex lege” means “according to the law,” “ex equitate” focuses on making decisions based on fairness and justice, even if it means deviating from the strict interpretation of the law.

“Ex equitate” can be applied when a strict application of the law would lead to an unjust or unfair outcome. It allows the court to consider the unique circumstances of a case and make a decision that aligns with principles of equity.

“Ex equitate” does not override existing laws but rather provides a framework for interpreting and applying the law in a fair and just manner. It allows for flexibility in decision-making when the strict application of the law would lead to an unjust result.

The court determines whether to apply “ex equitate” by considering the specific facts and circumstances of the case. If the court finds that a strict application of the law would lead to an unfair outcome, it may choose to apply the principle of equity.

While “ex equitate” is more commonly applied in civil cases, it can also be used in criminal cases. For example, if a strict application of the law would result in an excessively harsh punishment, the court may consider principles of equity to reach a fairer outcome.

“Ex equitate” is a principle that is recognized and applied in various legal systems around the world. However, the extent to which it is used may vary depending on the jurisdiction and the specific laws in place.

Parties involved in a legal case can certainly invoke the principle of “ex equitate” in their arguments. They can present evidence and reasoning to support their claim that a fair and just outcome can only be achieved by deviating from the strict application of the law.

While “ex equitate” allows for flexibility in decision-making, it is not an unlimited power. The court must still consider the overall legal framework and ensure that the application of equity does not undermine the principles of justice or create inconsistencies in the legal system.

Decisions made based on the principle of “ex equitate” can be appealed, just like any other legal decision. However, the grounds for appeal would typically need to demonstrate that the court’s application of equity was unreasonable or resulted in an unjust outcome.