ÁP DỤNG LẼ CÔNG BẰNG: KINH NGHIỆM PHÁP LUẬT ANH VÀ KHUYẾN NGHỊ CHO VIỆT NAM

Abstract

Equity is a legal concept closely associated with the history of European continental law as well as the Common Law system (particularly in England). Issues concerning equity have consistently attracted the attention of scholars, from interpretations of its meaning to its relationship with the law, spanning from the medieval period to the present day. Within this developmental context, Vietnam, as a state belonging to the civil law tradition, relies primarily on codified statutes. However, equity was introduced for the first time in the 2015 Civil Code. This study focuses on analyzing the notions, interpretations, and selected case law on equity in the United Kingdom, thereby providing reference values for Vietnam in the current context.