Law 2101 Study Guide - Quiz Guide: Sunday Trading Act 1994, Fertility Tourism, Surrogacy
Document Summary
Every legal system puts limits on the freedom of contracting parties by declaring contracts void or unenforceable if they are contrary to mandatory law, public policy or good morals: france art. 1162 cc: germany - 134 bgb, 138 (1) bgb, the netherlands art. A prohibited contract cannot be enforced and doesn"t allow a claim for damages in case of non-performance. Incitement encouraging someone to commit a crime by paying this person money. Statutory illegality can often be categorized as being against public policy or good morals. The court no longer has to ask itself what public or good morals exactly require. Sometimes provisions only aim to protect one party to the contract e. g. where consumer suretyship isn"t made on a written form, which only makes the contract avoidable by the guarantor (art. Many countries have adopted a statute prohibiting the selling of body parts. Violation of such statute will make the contract void.
