Nemo auditur propriam turpitudinem allegans

Last updated

Nemo auditur propriam turpitudinem allegans is a civil law maxim [1] which may be translated into English as "no one can be heard to invoke his own turpitude" [2] or "no one shall be heard, who invokes his own guilt". [3] 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. [2] [3]

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. [4]

See also

Related Research Articles

<span class="mw-page-title-main">United Nations Security Council</span> One of the six principal organs of the UN, charged with the maintenance of international security

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 include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with the authority to issue binding resolutions on member states.

A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome. According to the dictionaries, the word is a variant of the Latinized name of Burchard of Worms, Bishop of Worms, Germany, who compiled 20 volumes of Ecclesiastical Rules, although some sources disagree.

<span class="mw-page-title-main">Allen Dulles</span> Director of the CIA from 1953 to 1961

Allen Welsh Dulles was the first civilian director of central intelligence (DCI), and its longest-serving director to date. As head of the Central Intelligence Agency (CIA) during the early Cold War, he oversaw the 1953 Iranian coup d'état, the 1954 Guatemalan coup d'état, the Lockheed U-2 aircraft program, the Project MKUltra mind control program and the Bay of Pigs Invasion. He was fired by John F. Kennedy over the latter fiasco.

<span class="mw-page-title-main">Trygve Lie</span> UN Secretary-General from 1946 to 1952

Trygve Halvdan Lie was a Norwegian politician, labour leader, government official and author. He served as Norwegian foreign minister during the critical years of the Norwegian government in exile in London from 1940 to 1945. From 1946 to 1952 he was the first Secretary-General of the United Nations.

<span class="mw-page-title-main">1958 Lebanon crisis</span> Lebanese political crisis

The 1958 Lebanon crisis was a political crisis in Lebanon caused by political and religious tensions in the country that included a United States military intervention. The intervention lasted for around three months until President Camille Chamoun, who had requested the assistance, completed his term as president of Lebanon. American and Lebanese government forces successfully occupied the Port of Beirut and Beirut International Airport. With the crisis over, the United States withdrew.

<span class="mw-page-title-main">Andrei Sinyavsky</span> Soviet Russian literary critic, writer and dissident

Andrei Donatovich Sinyavsky was a Russian writer and Soviet dissident known as a defendant in the Sinyavsky–Daniel trial in 1965.

<span class="mw-page-title-main">United Nations Security Council veto power</span> Legal power of the five permanent UNSC member states to veto resolutions

The United Nations Security Council veto power is the power of the five permanent members of the UN Security Council to veto any "substantive" resolution. They also happen to be the nuclear-weapon states (NWS) under the terms of the Treaty on the Non-Proliferation of Nuclear Weapons. However, a permanent member's abstention or absence does not prevent a draft resolution from being adopted. This veto power does not apply to "procedural" votes, as determined by the permanent members themselves. A permanent member can also block the selection of a Secretary-General, although a formal veto is unnecessary since the vote is taken behind closed doors.

United Nations General Assembly (UNGA) resolution 377 A, the "Uniting for Peace" resolution, states that in any cases where the Security Council, because of a lack of unanimity among its five permanent members (P5), fails to act as required to maintain international security and peace, the General Assembly shall consider the matter immediately and may issue appropriate recommendations to UN members for collective measures, including the use of armed force when necessary, in order to maintain or restore international security and peace. It was adopted 3 November 1950, after fourteen days of Assembly discussions, by a vote of 52 to 5, with 2 abstentions. The resolution was designed to provide the UN with an alternative avenue for action when at least one P5 member uses its veto to obstruct the Security Council from carrying out its functions mandated by the UN Charter.

In pari delicto , Latin for "in equal fault ", 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, the "adverse interest" exception, and the "innocent insider" exception.

<span class="mw-page-title-main">Illegal agreement</span> Agreement to engage in illegal activity

An illegal agreement under the common law of contract, is one that the court will not enforce because the purpose of the agreement is to achieve an illegal end. The illegal end must result from performance of the contract itself. The classic example of such an agreement is a contract for murder.

Ex turpi causa non oritur actio 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. Particularly relevant in the law of contract, tort and trusts, ex turpi causa 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.

The Berlin Declaration of 5 June 1945 or the Declaration regarding the defeat of Germany, had the governments of the United States, the Soviet Union, the United Kingdom, and France, acting on behalf of the Allies of World War II, jointly assume de jure "supreme authority" over Germany after its military defeat and asserted the legitimacy of their joint determination of issues regarding its administration and boundaries prior to the forthcoming Potsdam Conference.

The doctrine of necessity is the basis on which extraordinary actions by administrative authority, which are designed to restore order or uphold fundamental constitutional principles, are considered to be lawful even if such an action contravenes established constitution, laws, norms, or conventions. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action have been advanced by more recent legal authorities, including William Blackstone.

<span class="mw-page-title-main">Bibliography of Jersey</span>

This is a list of books in the English language which deal with Jersey and its geography, history, inhabitants, culture, biota, etc.

Illegality in English law is a potential ground in English contract law, tort, trusts or UK company law for a court to refuse to enforce an obligation. The illegality of a transaction, either because of public policy under the common law, or because of legislation, potentially means no action directly concerning the deal will be heard by the courts. The doctrine is reminiscent of the Latin phrase "Ex turpi causa non oritur actio", meaning "no cause of action arises from a wrong". The primary problem arising when courts refuse to enforce an agreement is the extent to which an innocent party may recover any property already conveyed through the transaction. Hence, illegality raises important questions for English unjust enrichment law.

Thyra Ingrid Hildegard Detter de Frankopan is a Swedish scholar of international law, Lindhagen Professor Emerita at Stockholm University, a practising barrister, and the author of multiple books.

International sanctions are political and economic decisions that are part of diplomatic efforts by countries, multilateral or regional organizations against states or organizations either to protect national security interests, or to protect international law, and defend against threats to international peace and security. These decisions principally include the temporary imposition on a target of economic, trade, diplomatic, cultural or other restrictions that are lifted when the motivating security concerns no longer apply, or when no new threats have arisen.

Market overt or marché ouvert is an English legal concept originating in mediaeval times governing subsequent ownership of stolen goods. The rule was abolished in England and Wales but it is still good law in some common law jurisdictions such as Hong Kong and British Columbia.

<i>Dezinformatsia</i> (book) 1984 non-fiction book

Dezinformatsia: Active Measures in Soviet Strategy is a non-fiction book about disinformation and information warfare used by the KGB during the Soviet Union period, as part of their active measures tactics. The book was co-authored by Richard H. Shultz, professor of international politics at Tufts University, and Roy Godson, professor emeritus of government at Georgetown University.

References

  1. Wade, John W. (Feb 1947). "Restitution of Benefits Acquired through Illegal Transactions". University of Pennsylvania Law Review. 95 (3): 261–305 at 263. doi:10.2307/3309617. JSTOR   3309617.
  2. 1 2 Enonchong, Nelson (Jan 1995). "Effects of Illegality: A Comparative Study in French and English Law". The International and Comparative Law Quarterly. Cambridge University Press on behalf of the British Institute of International and Comparative Law. 44 (1): 196–213 at 202. doi:10.1093/iclqaj/44.1.196. JSTOR   760867.
  3. 1 2 Cumyn, Michelle (22–26 August 2004). Nullity of contracts in Québec Law : an overview and comparison with the Common Law of illegal contracts (PDF). Uniform Law Conference of Canada. Regina, Saskatchewan. footnote 14. Archived from the original (PDF) on 1 October 2011. Retrieved 11 August 2011.
  4. Yuen-Li Liang (Oct 1950). "Abstention and Absence of a Permanent Member in Relation to the Voting Procedure in the Security Council". The American Journal of International Law. American Society of International Law. 44 (4): 694–708 at 704. doi:10.2307/2194987. JSTOR   2194987. At the 475th meeting of the Council on June 30, 1950, the representative of France, commenting on the above-mentioned statement of the Soviet Government, invoked the old adage of Roman law, "Nemo auditur propriam turpitudinem allegans," and observed that "the delegation of the Soviet Union, by abandoning the Council, has abandoned the Charter. When it returns to the one and to the other, it will find again its right of speech, of criticism, of vote and of veto. So long as it has not done so, the U.S.S.R. Government has no legal or moral basis for contesting the action of the United Nations." Security Council, Official Records, 5th Year, No. 17, p. 8.