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Trans-Lex Administrative Information
Document-ID: 904000
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No. I.1.5 - No advantage in case of own unlawful acts

A party may not derive an advantage from its own unlawful acts ("nullus commodum capere potest de iniuria sua propria", "ex iniuria non oritur ius", "clean hands theory").



Trans-Lex Commentary

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Please cite as: "Commentary to Trans-Lex Principle No. I.1.5 - No advantage in case of own unlawful acts, http://www.trans-lex.org/904000"

The principle is derived from the general principle of good faith. It means that one party may not avail itself of the fact that the other party has not fulfilled a contractual obligation or has not had recourse to some means of redress, if the former party has, by some illegal act, prevented the latter from fulfilling the obligation in question or having recourse to that redress.


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