LEGAL REMEDIES PROVIDED BY THE EQUITY LAW OF ENGLAND

Abstract

The article examines legal remedies provided by the equity law of England such as specific performance and injunction.

In general, within the framework of the topic in the field of English contract law and judicial proceedings of England a number of scientific publications of Russian and foreign authors arouse interest. These include such scientists as R. Khalfina, Anson B., A. Mikhailov, G.H. Treytel, K. Osakwe, Neznamov A.V., E. Jenks, Mozolin V.P., E.A. Farnsworth and etc.

The author notes a number of common features inherent to aforementioned remedies, but also called special characteristics of these remedies.

For example, the article provides specific cases where the English courts satisfy or not satisfy the plaintiff's claim for performance of the obligation in kind, attempts to define a common approach to the assessment of the rules on the execution of obligations in kind.

The article reveals the essence of the injunction-prohibition as a procedural tool, provides its classification, and considers a situation where the injunctions are used or are limited in scope.

The article also contains the comparative legal analysis of legislation in England, the USA, and Europe.

The results of research can be used in the legislative work on the improvement of civil and civil procedural legislation of both the Russian Federation and the Republic of Kazakhstan, as well as in research and development in the field of civil law, civil procedure and comparative law.