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Nemo Auditur Propriam Turpitudinem Allegans
''Nemo auditur propriam turpitudinem allegans'' is a civil law maxim which may be translated into English as "no one can be heard to invoke his own turpitude" or "no one shall be heard, who invokes his own guilt". The maxim operated with another, ''in pari causa turpitudinis cessat repetitio'' (where both parties are guilty, no one may recover), to preclude a court from intervening in a dispute involving an unlawful transaction. On 30 June 1950, during the 475th meeting of the United Nations Security Council when discussing the validity of resolutions made in the absence of one of the permanent members, the French delegate invoked the maxim. See also * Estoppel * ''Ex turpi causa non oritur actio'' * ''In pari delicto ''In pari delicto (potior/melior est conditio possidentis)'', Latin for "in equal fault (better is the condition of the possessor)", is a legal term used to refer to two persons or entities who are equally at fault, whether the malfeasance in que ...'' Refe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Maxim
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim (philosophy), maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on and are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language. The attitude of early England, English commentators towards the maximal of the law was one of unmingled adulation. In Thomas Hobbes, ''Doctor and Student'' (p. 26), they are described as of the same strength and effect in the law as statutes. Francis Bacon observed in the preface to his collection of maxims: The use of maxims will be "in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in corre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Language
English is a West Germanic language that developed in early medieval England and has since become a English as a lingua franca, global lingua franca. The namesake of the language is the Angles (tribe), Angles, one of the Germanic peoples that Anglo-Saxon settlement of Britain, migrated to Britain after its End of Roman rule in Britain, Roman occupiers left. English is the list of languages by total number of speakers, most spoken language in the world, primarily due to the global influences of the former British Empire (succeeded by the Commonwealth of Nations) and the United States. English is the list of languages by number of native speakers, third-most spoken native language, after Mandarin Chinese and Spanish language, Spanish; it is also the most widely learned second language in the world, with more second-language speakers than native speakers. English is either the official language or one of the official languages in list of countries and territories where English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and international security, security, to develop friendly Diplomacy, relations among State (polity), states, to promote international cooperation, and to serve as a centre for harmonizing the actions of states in achieving those goals. The United Nations headquarters is located in New York City, with several other offices located in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and The Hague. The UN comprises six principal organizations: the United Nations General Assembly, General Assembly, the United Nations Security Council, Security Council, the United Nations Economic and Social Council, Economic and Social Council, the International Court of Justice, the United Nations Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. Its powers as outlined in the United Nations Charter include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with authority to issue resolutions that are binding on member states. Like the UN as a whole, the Security Council was created after World War II to address the failings of the League of Nations in maintaining world peace. It held its first session on 17 January 1946 but was largely paralysed in the following decades by the Cold War between the United States and the Soviet Union (and their allies). Nevertheless, it authorized military interventions in the Korean War and the Congo Crisis and peacekeeping ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Korean War
The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was supported by China and the Soviet Union, while South Korea was supported by the United Nations Command (UNC) led by the United States. The conflict was one of the first major proxy wars of the Cold War. Fighting ended in 1953 with an armistice but no peace treaty, leading to the ongoing Korean conflict. After the end of World War II in 1945, Korea, which had been a Korea under Japanese rule, Japanese colony for 35 years, was Division of Korea, divided by the Soviet Union and the United States into two occupation zones at the 38th parallel north, 38th parallel, with plans for a future independent state. Due to political disagreements and influence from their backers, the zones formed their governments in 1948. North Korea was led by Kim Il S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel may prevent someone from bringing a particular claim. In common law legal systems, the legal doctrine of estoppel is based in both common law and equity. Estoppel is also a concept in international law. Types of estoppel There are many different types of estoppel, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises a tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Turpi Causa Non Oritur Actio
' (Latin "action does not arise from a dishonourable cause") is a legal doctrine which states that a plaintiff will be unable to pursue legal relief and damages if it arises in connection with their own tortious act. The corresponding ''Ex turpe causa non oritur damnum'', "From a dishonourable cause, no damage arises" is a similar construction. Particularly relevant in the law of contract, tort and trusts, ' is also known as the illegality defence, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, nevertheless a claimant by reason of his own illegality cannot sue. The UK Supreme Court provided a thorough reconsideration of the doctrine in 2016 in '' Patel v Mirza''. 016UKSC 42 Illegality in English law Development In the early case of '' Holman v Johnson'', Lord Mansfield CJ set out the rationale for the illegality doctrine. Tort In the law of tort, the principle would prevent a crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Pari Delicto
''In pari delicto (potior/melior est conditio possidentis)'', Latin for "in equal fault (better is the condition of the possessor)", is a legal term used to refer to two persons or entities who are equally at fault, whether the malfeasance in question is a crime or tort. The doctrine is subject to a number of exceptions, including that the plaintiff must be an active, voluntary participant in the wrongful conduct, the plaintiff's wrongdoing must be at least substantially equal to or greater than that of the defendant,James M. Fischer (2010)''Understanding Remedies, ''. the "adverse interest" exception, and the "innocent insider" exception. The doctrine The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of equal wrongdoing by both parties, or greater culpability on the part of the plaintiff. The phrase means, in essence, that if both parties are equally at fault or the plaintiff is at greater fault, the court will not i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
