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NeCede's

Maxim 1.4.10

Equity acts upon the person.

Aequitas agit in personam.

Source: Bouvier, Inst. n. 3733; Weisman, 36c; Weisman, 36n Difficulty 2/5 — Approachable

Explanation

Equity directs its decrees to the person of the defendant, commanding or forbidding specific acts — this is its distinctive power over courts of law, which act only on property and money.

Where this applies

  • A court orders someone specifically to perform a contract rather than just pay damages.
  • An equity court commands a person to stop doing something harmful.

Legal domains

See also

Cite this maxim

NeCede Max. 1.4.10 — Equity acts upon the person. — Bouvier, Inst. n. 3733; Weisman, 36c; Weisman, 36n (Aequitas agit in personam.)

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