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NeCede's

Maxim 1.5.187

Agreements founded upon a base consideration are not to be observed.

Pacta quae turpem causam continent non sunt observanda.

Source: D. 2, 14, 27; Jackson Difficulty 3/5 — Intermediate

Explanation

When the consideration for an agreement is immoral or illegal, the entire agreement is unenforceable — the law will not lend its aid to an unconscionable bargain.

Where this applies

  • An agreement is based on an immoral consideration.
  • A contract is formed where one party receives something shameful in exchange.

Legal domains

commercialproperty

Cite this maxim

NeCede Max. 1.5.187 — Agreements founded upon a base consideration are not to be observed. — D. 2, 14, 27; Jackson (Pacta quae turpem causam continent non sunt observanda.)

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