Court of Chancery

from Wikipedia, the free encyclopedia
Icon tools.svg This article or section was due to content flaws on the quality assurance side of the editorial history entered. This is done in order to bring the quality of the articles in the field of history to an acceptable level. Articles that cannot be significantly improved are deleted. Please help fix the shortcomings in this article and please join the discussion !

The Court of Chancery was one of the courts of equity in England and Wales.

history

The application of the strict formal rules of common law by the royal courts often resulted in judgments that were perceived as unjust, against which the English king opened up the possibility early on to turn to him in order to overturn a judgment that was correct at law as unjust in equity . The King soon delegated this task to his Lord Chancellor . Equity soon developed a life of its own and formed a supplementary set of rules to common law and was able to work at the court of chancery , i. H. at the court of the chancellor, with a separate lawsuit. In the 19th century the seemingly cumbersome separation of common law and equity was abandoned and the common law courts and the court of chancery were combined with the Judicature Acts . He now lives on in the High Court's Chancery Division .

literature

Individual evidence

  1. Ulrike Müßig : Legal judge without the rule of law? A historical-comparative search for traces. de Gruyter Recht, Berlin 2007, ISBN 978-3-89949-404-4 . limited preview in Google Book search
  2. Meik Thöne: The abolition of the exequatur procedure and the EuGVVO , Mohr Siebeck Verlag , 2016, ISBN 978-3161543098 . limited preview in Google Book search