Equity in American private law and reference values for Vietnam

Abstract

Equity has an important role in American legal history. Over hundreds of years, American judges have accumulated rich experience in applying equity, contributing to the development of private law. Researching the American experience from a comparative law perspective has useful reference values in promoting the role and improving the effectiveness of applying equity, a source of civil law recently recognised in Vietnam. This article analyses the concept of equity in American law; explores the role of equity in the development of American law, especially as a source of private law; examines the form of equity in several typical civil relations in America, and identifies the characteristics of the equity application mechanism in America. From there, the article draws reference values for Vietnam.