| 翻訳と辞書 |
| Laches (equity) ： ウィキペディア英語版 |
Laches (equity)
Laches (, , like "latches"; , ; Law French: "remissness", "slackness", from Old French ''laschesse'') is an "unreasonable delay pursuing a right or claim... in a way that prejudices the () party".〔 When asserted in litigation, it is an equitable defense, that is, a defense to a claim for an equitable remedy. The person invoking laches is asserting that an opposing party has "slept on its rights," and that, as a result of this delay, witnesses and/or evidence may have been lost or no longer available, and circumstances have changed such that it is no longer just to grant the plaintiff's original claim. Put another way, failure to assert one’s rights in a timely manner can result in a claim being barred by laches. Laches is associated with one of the maxims of equity:
:''Vigilantibus non dormientibus æquitas subvenit''.
:Equity aids the vigilant, not the sleeping ones (that is, those who sleep on their rights).
==Overview==
The essential element of ''laches'' is that there has been an unreasonable delay by the plaintiff in bringing the claim. Because laches is an equitable defense, it is ordinarily applied only to claims for equitable relief (such as injunctions), and not to claims for legal relief (such as damages).〔 Sometimes courts will also require that the party invoking the doctrine has changed its position as a result of the delay, but that requirement is more typical of the related (but more stringent) defense of estoppel.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Laches (equity)」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|