Legal Literacy - Ex Aequo et Bono, a Latin phrase meaning "according to what is just and good", is a legal principle that allows judges to decide cases based on a sense of justice and morality, not solely on written law. This principle provides flexibility in the judicial system and allows judges to achieve fairer outcomes in complex situations.

Definition Ex Aequo et Bono

Ex aequo et bono is a Latin phrase that means "according to what is considered right and good" or "from justice and conscience." It is a legal term that refers to the authority of a judge to make decisions not only based on written rules of law, but also based on principles of justice and fairness.

Context of Use:

  • International Arbitration:In international arbitration law,ex aequo et bonocan be used if the disputing parties agree to this. The arbitrator (chief mediator) is given the freedom to override the applicable law and consider justice in resolving the dispute.
  • Domestic Courts:The application ofex aequo et bonoin domestic/national courts varies. Some countries are more open to this concept, using it as a basis for legal consideration, especially if there is a legal vacuum. However, other countries may be stricter in applying this principle.