Equidadaproximación a la definición de un concepto jurídico indeterminado a través de sus límites

Abstract

Equity, as a juridical concept and element, is a still open matter. Since the primitive conceptualization of Epiqueya or Aequitas, there is no uniform definition that can be peacefully conciliated with the fact of the concept being incorporated to legal texts with the express will of determination, even determinism, reaching the point where Equity informs general criteria of interpretation as occurs in the Spanish law (art. 3.2 of the Civil Code). These definitions by its own possibilities and the nature of Equity itself, make that this matter remains open today with different, where not contrary, interpretations. To precisely –or more precisely- characterize Equity in the juridical category, a different to those classical definitions approach is bore...