Maxim 1.5.186
It is undoubted law that agreements which are contrary to the laws and constitutions, or contrary to good morals, have no force.
Pacta quae contra leges constitutionesque vel contra bonos mores fiunt, nullam vim habere, indubitati juris est.
Source: C. 2, 3, 6; Jackson
Difficulty 2/5 — Approachable
Explanation
A contract that violates the law, the constitution, or public morality is void ab initio — no court will enforce an agreement founded on illegality.
Where this applies
- A contract to commit a crime is brought to court for enforcement.
- An agreement to do something illegal is challenged as void.
Cite this maxim
NeCede Max. 1.5.186 — It is undoubted law that agreements which are contrary to the laws and constitutions, or contrary to good morals, have no force. — C. 2, 3, 6; Jackson (Pacta quae contra leges constitutionesque vel contra bonos mores fiunt, nullam vim habere, indubitati juris est.)
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