Illegal Contracts Research Articles

Restitution under an Illegal Contract: From Purpose to Finality and Civil Fines

Abstract: This article delves into the complex issue of restitution under an illegal contract, a topic brought into focus by the UK Supreme Court’s landmark decision in Patel v. Mirza (2016). It contends that the current trend towards discretion often leads to unclear outcomes, underscoring the limitations of a flexible approach. Drawing from examples in German and Italian law, it argues that these shortcomings arise from a failure to acknowledge the political choice about law’s finality one ascribes to law. In proposing a shift from a focus on the purpose of restitution rules to their ultimate finality, the paper suggests empowering civil courts to impose civil fines on claimants seeking restitution under an illegal contract. However, it emphasizes the need for caution and a careful coordination with criminal proceedings, adding that the impact of such fines must not be overestimated.Ultimately, the article concludes that a clear understanding of law’s finality and the inherent constraints of private law is essential for achieving coherence in cases of restitution under illegal contracts.Résumé: Cet article se penche sur la question complexe de la restitution dans le cadre d’un contrat illégal, un sujet mis en lumière par la décision de la Supreme Court du Royaume-Uni dans l’affaire Patel v. Mirza (2016). Il soutient que la tendance actuelle à la discrétion conduit souvent à des résultats peu clairs, soulignant les limites d’une approche flexible. S’appuyant sur des exemples de droit allemand et italien, il soutient que ces lacunes découlent de l’absence de reconnaissance du choix politique concernant la finalité que l’on attribue au droit. En proposant de passer de l’objectif des règles de restitution à leur finalité ultime, l’article suggère d’habiliter les tribunaux civils à imposer des amendes civiles aux requérants qui demandent une restitution dans le cadre d’un contrat illégal. Toutefois, il souligne la nécessité de faire preuve de prudence et de coordonner soigneusement les procédures pénales, en notant que l’impact de ces amendes ne doit pas être surestimé. Enfin, l’article conclut qu’une compréhension claire de la finalité attribuée au droit et des contraintes inhérentes au droit privé est essentielle pour assurer la cohérence dans les cas de restitution dans le cadre d’un contrat illégal.Zusammenfassung: Dieser Artikel befasst sich mit der komplexen Frage der Rückforderungsausschluss im Rahmen eines rechtswidrigen Vertrags, ein Thema, das durch die wegweisende Entscheidung des Supreme Courts des Vereinigten Königreichs in Patel gegen Mirza (2016) in den Mittelpunkt gerückt wurde. Er vertritt die Auffassung, dass der derzeitige Trend zum Ermessen oft zu unklaren Ergebnissen führt und die Grenzen eines flexiblen Ansatzes unterstreicht. Anhand von Beispielen aus dem deutschen und italienischen Recht wird argumentiert, dass diese Unzulänglichkeiten darauf zurückzuführen sind, dass die politische Entscheidung über die Finalität des Rechts nicht anerkannt wird. Indem er vorschlägt, den Schwerpunkt nicht mehr auf den Zweck der Rückgabevorschriften, sondern auf deren Finalität zu legen, schlägt er vor, die Zivilgerichte zu ermächtigen, zivilrechtliche Geldstrafen gegen Kläger zu verhängen, die eine Rückgabe aus einem rechtswidrigen Vertrag fordern. Es wird jedoch betont, dass Vorsicht geboten ist und eine sorgfältige Koordinierung mit Strafverfahren erfolgen muss, und es wird hinzugefügt, dass die Auswirkungen solcher Geldbußen nicht überschätzt werden dürfen. Letztlich kommt dieser Artikel zu dem Schluss, dass ein klares Verständnis der Finalität des Rechts und der dem Privatrecht innewohnenden Zwänge für die Erzielung von Kohärenz in Fällen die Rückforderung aus rechtswidrigen Verträgen unerlässlich ist.Resumen: Este artículo profundiza en la compleja cuestión de la restitución en virtud de un contrato ilegal, una cuestión que puso de relieve la histórica decisión de la Corte Suprema del Reino Unido en Patel v. Mirza (2016). Sostiene que la tendencia actual hacia la discrecionalidad conduce a menudo a resultados poco claros, lo que subraya las limitaciones de un enfoque flexible. Partiendo de ejemplos del derecho alemán e italiano, argumenta que estas deficiencias surgen de una falta de reconocimiento de la decisión política sobre la finalidad del derecho. Al proponer cambiar el enfoque del propósito de las reglas de restitución a su finalidad última, el trabajo propone autorizar a los tribunales civiles a imponer multas civiles a los demandantes que reclamen la restitución en virtud de un contrato ilegal. Sin embargo, subraya la necesidad de actuar con cautela y de una cuidadosa coordinación con los procesos penales, y añade que no se debe sobreestimar el impacto de tales multas. En última instancia, el artículo concluye que una comprensión clara de la finalidad del derecho y de las limitaciones inherentes al derecho privado es esencial para lograr coherencia en los casos de restitución en virtud de contratos ilegales.

The Odious Debt Doctrine: The Equitable Rule

Abstract The odious debt doctrine was envisaged by the Russian jurist Alexander Sack as an exception to the passing rule of a debt in case of state and government succession. An analysis of the practice indicates that this exception was often accompanied by some equitable solution. Although the 1983 Vienna Convention did not acknowledge the doctrine, the equitable distribution of assets and liabilities as a method of settling disputes may allow an application of the doctrine in disguise. This equitable method of settling could come into play if the doctrine found application beyond the strict boundaries of state succession. Such a step would imply the formalization of the doctrine in national legislation, with the result that a loan agreement tainted with odiousness would be illegal and unenforceable. Nevertheless, in common law countries, the laws of which usually govern financial transactions, a claim for recovering what transferred under an illegal contract could be denied based on public policy considerations. This denial of restitution would refrain these countries, traditionally sensitive to creditors’ rights, from acknowledging the doctrine in their legal systems. To overcome this impasse, the formalization of the doctrine should include an equitable approach based on the benefit for the population. This equitable approach would reflect the practice of state and government succession on which the doctrine is usually grounded.

Illegal contract as a general clause - European trends and new Hungarian judicial practice

The invalidity of a contract is a sanction of civil law. In a dispute, the purpose of the law, its effect and its application must be applied together to the contract in conflict with the law. The means of doing so are judicial interpretation and the application of the general clause. An illegal contract may cover several areas: contracts contrary to public policy, a rule of law, morality or fundamental principles. In such a complex legal environment, an important question is which rule is breached and which results in the invalidity of the contract. The relationship between civil law and other rules is of particular importance in the context of the use of AI, where there are a number of technical obligations for the contracting party or administrative rules governing the use of AI. In the digital environment, many sectoral rules impose prohibitions, many norms define specific requirements as well. The study examines the new paradigm of the Hungarian Civil Code of illegal contracts and focuses the judicial practice of the general clause of illegality.

Analysis of the legal aspects of civil and criminal liability in contracts

Liability is considered one of the most important topics addressed by legal specialists, and it is one of the old and renewed topics as long as the contract exists and the obligation exists.
 In general, civil liability refers to the legal responsibility for one's actions that result in harm to another person or entity. It is a legal obligation wherein the defendant must compensate the damages or follow the court's order with regard to the civil lawsuit . On the other hand, criminal liability refers to the legal responsibility for one's actions that violate criminal law and are punishable by imprisonment, fines, or other penalties .
 In the context of contracts, civil liability arises when one party breaches a contract and causes harm to another party. The harmed party can sue the breaching party for damages in a civil court . Criminal liability arises when a party commits fraud or engages in other criminal activities while entering into or performing a contract. In such cases, the breaching party can be prosecuted in a criminal court and may face imprisonment or fines ■
 Whether civil or criminal, this is what was discussed in this article, which relied on a group of studies and in accordance with the legal approach applied in studies and research, to arrive at a set of results.
 Contract law balances holding parties accountable for their promises, while acknowledging that not all breaches are willful reneges of core obligations. In good faith disputes, remedies aim to make the aggrieved party whole, not punish the breacher. But for deceitful misrepresentations and other unlawful contract activities, harsher civil penalties and criminal sanctions come into play. Contract law weaves together civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced, multi-faceted system of justice surrounding contractual agreements and disputes.
 The article finds that the law balances holding parties responsible for their promises, while recognizing that not all violations amount to a deliberate deviance from basic obligations. In good faith disputes, remedies aim to make the injured party whole, not to punish the wrongdoer. But for deceptive misrepresentations and other illegal contract activities, more severe civil penalties and criminal penalties apply. Contract law combines civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced and multifaceted system of justice surrounding contractual agreements and disputes.

금융소비자보호법상 보험상품의 설명의무와 그 위반의 효과

In general, sales of insurance products are not only made in the form of conforming contracts that depend on terms and conditions, but also there is a risk of damage to the policy holder due to information asymmetry and incompatibility of status between the parties to the contract, and thus in order to improve the fairness and equity of contracts, various safeguards are being prepared for them. Among these, the most important protection device is the insurer's duty of explanation.
 Therefore, the Commercial Act and other special laws stipulate various obligations of explanation in order to protect policy holders when signing and transferring insurance contracts, and in particular, the obligation to explain terms and conditions and the obligation to explain insurance products are separately regulated. In other words, Article 638-3 of the Commercial Act and Article 3 of the Terms and Conditions Regulation Act give the insurer the duty to deliver and explain the terms and conditions, and the recently enacted Article 19 of the Financial Consumer Protection Act separately and specially imposes the duty to explain important details of insurance products.
 In this paper, while comparing and analyzing the relationship between these regulations, the obligation to explain insurance products under the Financial Consumer Protection Act was reviewed and the effect of the violation was considered. In particular, regarding the problem of the right to withdraw subscription and the right to terminate an illegal contract as an effect of violation of duty of explanation, legislative alternatives were sought, focusing on the following issues.
 First, after the duty of explanation under the Insurance Business Act was transferred to the Financial Consumer Protection Act, what characteristics the “duty to explain” of insurance products under the Financial Consumer Protection Act compared to the duty of explanation under the Commercial Act and the Contract Regulations Act were analyzed. And among the effects of violation of duty of explanation, the problem of the right to withdraw subscription and the right to terminate illegal contract was identified and a solution was derived.
 Second, it was examined what is the characteristics and differences in the exercise requirements and effects of “the right to withdraw subscription” and “the right to terminate illegal contracts” due to violation of the duty to explain insurance products under the Financial Consumer Protection Act compared to the legal effects of the general legal principles of the Civil Act, such as the right to withdraw, the right to cancel, and the right to terminate. In addition, in the application to insurance practice, what kind of collision problems occur between these regulations was examined, the root cause was identified, and improvement measures were prepared.

Right to Restitution under Illegal Contracts: Seeking Clarity in Ghana

AbstractThe law on the availability of restitution in the context of illegal contracts is unclear. Several irreconcilable approaches have been proposed at common law in search of a solution to the question of whether or not a party to an illegal contract who has benefitted from the contract has any right to restitution. This article examines the Ghanaian judicial approach and ascertains the extent to which it sheds light on this difficult issue. It does so by examining the evolution of judicial solutions in English common law and, in that context, evaluating the approaches adopted by the Ghanaian courts.

Legal Discussion on the Termination Right of Illegal Contract under the Act On The Protection Of Financial Consumers

개별 금융업법에서 각기 규정해온 영업행위 준수사항은 불완전판매를 야기할 수 있는 행위들을 금지함으로써, 금융소비자가 자신의 자산, 연령, 금융상품의 취득·처분 경험, 계약 체결의 목적 등에 적합한 금융상품을 선택할 수 있도록 하는 사전규제이다. 금융소비자를 정보의 비대칭성에서 보호하고 교섭력의 차이를 보완하기 위한 사전규제가 제대로 기능하기 위해서는 적절한 사후규제가 동반되어야 한다. 즉, 사후규제로서 시정명령, 과징금 등의 공법적 제재뿐만 아니라 계약의 취소·해지, 손해배상과 같은 피해자 구제를 위한 사법적 제재 또한 필요하지만, 기존 개별 금융업법상 감독방식은 공법적 제재에 편중되어 있었고, 피해자 구제는 온전히 법원의 영역으로 남아있었다. 기존의 개별 금융업법을 통한 규제체계의 문제점을 개선하고 금융소비자를 보호하기 위하여 2020. 3. 5. 제정된 「금융소비자 보호에 관한 법률」(이하 ‘금융소비자보호법’)은 보험업법, 자본시장법, 은행법, 상호저축은행법, 여신전문금융업법에 각 규정되어 있던 영업행위 준수사항을 통합하여 규제차익을 제거하고, 사후적·민사적 구제방안을 강화하였다. 사후적·민사적 구제방안으로서 신설된 위법계약해지권은 금융상품판매업자등이 5가지 영업행위 준수사항을 위반한 불완전판매계약을 체결하여 금융소비자에게 재산적 손해를 야기하였을 경우에 인정되는 해지권이다. 위법계약해지권은 고의·과실여부 및 사전 해지권의 약정 유무에 관계없이 해방효를 인정하고, 임의해지와는 달리 수수료·위약금 등 해지와 관련된 비용을 소비자에게 청구할 수 없도록 했다는 점에서, 불완전판매계약으로 인한 민원해지를 상당부분 대체할 수 있을 것으로 보인다. 위법계약해지권은 국내·외적으로 입법례가 전무한 제도인 만큼 안정적인 제도의 정착 및 운영을 위해서는 해지권의 법적성격 및 행사요건에 대한 명확한 의미설정이 필요하다. 본 논문은 계속적 계약의 해소에 관한 국내·외의 입법례를 검토하여 위법계약해지권 도입의 법적근거를 살피고, 위법계약해지권의 행사 요건 및 법문상 향후 해지권의 행사시 논란이 야기될 수 있는 부분들에 대한 해석 및 개선점을 제시하였다.

Redukcja utrzymująca skuteczność na tle projektu Księgi Pierwszej Kodeksu cywilnego

The article discusses the concept of the so-called “reducing upholding enforcement” (validity) of juridical acts in the light of the draft of Book One of the new Polish civil code (published in 2008). The draft contained a dedicated legal basis allowing courts to reduce the terms (i.e. contractual rights or obligations) of a contract which is invalid – it is so called “reducing upholding effectiveness”. In the article an analysis has been carried out of the most important theoretical and practical backgrounds. The main concern is about the scope of the judge’s power to reduce or even revise the term of the juridical act (contract) and its limit. The comparative context of reduction has also been presented. Reduction is one of the ways to avoid nullity of the juridical act, especially contract clause and is one form of partial invalidity. The main function of it is to protect parties from the disadvantageous and sometimes unexpected effects of invalidity, especially those effects for a party protected by the sanction of nullity (“weaker party”). Reducing the scope of the void term leads to the legal effects of a juridical act remaining in force to the extent allowed and valid in the realm of private law (for instance to cut out the part infringing mandatory rules). This paper includes also comparative remarks on the admissibility of such a reduction in chosen legal systems ius civile and common law tradition. Amongst ius civile systems the doctrine of reduction is widely accepted in German law (called Geltungserhaltende Reduktion). In the common law tradition, reduction is rather inadmissible as a principle. There is a restrictive approach for partial invalidity within the doctrine of severance in contract law. Even though the severability of the contract is only partly invalid, it is widely recognised that reducing invalid contractual terms is hard to accept because of the blue pencil rule and prohibition of such interventions in contractual matters. The article discusses exceptions which can be found in some countries (especially New Zealand or Québec law on illegal contracts). The fundamental problem arising in the area of reducing upholding effectiveness is connected with the fine line between reducing the scope of a void term as a part of the juridical act and revising the matter hidden behind the invalid part of the juridical act. In other words, with the limitations of the courts’ discretion in rewriting an invalid clause. Effects which are intended by reducing the scope of a void term can be achieved in other legal ways. The main alternative is the concept where the sanction of invalidity is established by the judge – in a structured discretion form - which was proposed in the model rules of The Principles of European Contract Law and Draft Common Frame of Reference. That approach reveals some aspects of a structured discretion useful to propose some amendments for the Polish normative basis of reduction. These are statutory factors which are supposed to be taken into consideration when a court exercises its power to sever, reduce or revise an invalid clause or obligation. One basic factor should prevent the so called innocent party from suffering injustice flowing from making a part of a juridical act null and void. This could be done by refusing partial invalidity and instead reducing or revising the invalid part (especially contract term). A version of a legal ground presented by the draft of Book One of the new Polish civil code to reduce the scope of the juridical act clause should be accepted as a step forward in the promotion of justice and efficiency of private law regulations. Implementation of that legal doctrine is supposed to be more detailed and include some aspects of structured discretion i.e. factors limiting the courts’ power to reduce or revise a void clause.

Oxymoronic Legalism in the Ghanaian Supreme Court? Case Comment on Attorney-General V Faroe Atlantic Co Ltd.

In 2005, the Supreme Court of Ghana in Attorney-General v Faroe Atlantic Co Ltd rendered its decision on the interpretation of Article 181(5) of the 1992 Constitution. The Court’s decision influenced its subsequent decisions in 2011 and 2012 on the scope and application of Article 181(5). This Case Comment reveals that the Court’s interpretation in relation to the PPA in question was oxymoronic in that it simultaneously held the PPA as both valid and void. The author argues that the Court would have rendered a clearer and fairer decision if it had wholly interpreted Article 181. Its partial interpretation, needless bureaucratic judicial process, and the Government’s lack of due diligence are disincentives to private investment in Ghana’s power sector. Keywords: Ghana, PPA, investment dispute, interpretation, illegal contract, power crisis, power sector investment.

ТЕНДЕНЦІЇ ТА ПЕРСПЕКТИВИ ІНСТИТУЦІЙНОГО ЗАБЕЗПЕЧЕННЯ АНТИКОРУПЦІЙНОЇ ПОЛІТИКИ

The article considers the preconditions of anti-corruption reform, the essence, economic results and the current situation. Recommendations are also given that should be followed to improve the situation. Prior to the start of the implementation of the anti-corruption reform, there was corruption, which in fact was not prosecuted in any way due to the fact that the judicial system of Ukraine itself was corrupt. The anti-corruption reform established several independent institutions to investigate and convict corruption offenses, including the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, the Supreme Anti-Corruption Court, and the National Agency for the Prevention of Corruption. These institutions have been called upon to be new independent bodies that receive appeals of corruption violations, investigate cases, and pass sentences. Also, these bodies form and coordinate anti-corruption policy in Ukraine, organize work to prevent and detect corruption in local governments, enterprises, institutions and organizations. Since these institutions were just starting to work, the first few years the economic results were insignificant, but gradually the amount of compensation and terminated illegal contracts became solid. Despite the economic results of the anti-corruption reform, there is a significant outflow of foreign investment for the first time in five years. The main reason for this is distrust of the judiciary and the prevalence of corruption. Despite the economic benefits of fighting corruption, corruption is in fact covered by top government officials, rather than any support from anti-corruption institutions. The article gives some recommendations on how to act in this situation. In particular, it is called upon to support and strengthen Ukraine's anti-corruption infrastructure; pass real sentences on real corrupt officials so that society and investors are convinced that the government is resolutely fighting corruption; punish top corrupt officials, regardless of position, to stop corruption at the highest level, where it is just reaching its peak.

The enforcement of mandatory rules against illegal contracts

ABSTRACT Academic attention on the effects of mandatory rules on illegal contracts has so far been primarily directed at the categorization of illegalities and the identification of those types of illegal contracts that should or should not be invalidated in accordance with the significance of their illegality. When defending the validity of certain categories of illegal contracts, current legal scholarship usually takes it for granted that competent regulatory agencies could monitor such contracts and enforce violated rules effectively. Our empirical studies of the practical enforcement of mandatory rules against illegal lottery sales in China suggest, however, that such an assumption is largely illusory. We argue that it is institutionally efficient that the courts transmit the information of illegal transactions to competent regulatory agencies when dealing with civil law matters involving illegality. Institutional reforms or technological changes should be implemented so as to incentivize judges to routinely transmit such information.

A Comparative Viewpoint on Illegal Contracts: In Favor of Flexibility and Proportionality

Abstract In today’s society, a dense network of laws and regulations presides the actions of all people. And it is so extensive that any number of activities – including the formation of contracts – is capable of breaking the law. This is why it is even more important, nowadays, to reconsider the issue of contracts that violate legal rules. The trend in favor of flexible remedies reveals that the rigidity of the more traditional solutions might not be the best choice in this day and age.

Illegality in Employment Contracts, Enforced Labour and Public Policy Considerations

Abstract The English law of the illegality of contracts is founded on public policy and expressed in the maxim ex turpi causa non oritur actio meaning an action cannot arise from an illegal cause. Furthermore, the position of the law is that where a contract is tainted with illegality and both parties are equally to blame then neither party can claim any right or remedy under the contract. This doctrine has to be viewed within the context of the employment contracts which are against public policy, particularly those where illegality of contract concerns irregular migrants who have been offered terms which infringe the legislation such as the Immigration Acts and the Modern Slavery Act 2015. The question in this paper is the scope of the public policy requirements that courts take into account when the contracts are unenforceable for illegality based on infringements of the human rights framework and ECHR legal precedence.

The Role of the Law of Unjust Enrichment in Singapore

Abstract Singapore’s unjust enrichment law may be described as a form of adoption with adaptation from English law, which is indicative of two phenomena: first, the idea of law as a travelling phenomenon and, second, the development of law as a circulation of ideas. In Singapore, unjust enrichment is now accepted as a distinct branch of the law of obligations alongside tort and contract, providing relief to a plaintiff who has transferred an enrichment to the defendant in circumstances where the plaintiff’s intent was vitiated. This vitiation of intent is expressed as an ‘unjust factor’. While certain ‘unjust factors’ are regarded as well established, Singapore’s jurisprudence has not confronted the difficult question of what are the proper considerations to consider before admitting new ‘unjust factors’. Hence, the unjust enrichment principle in Singapore may be described as positivist and weakly normative and operates as an organizing concept for pre-existing recognized ‘unjust factors’. Unlike civil law, unjust enrichment law in Singapore does not have a role to play when the enrichment is transferred where there is an absence of basis. This article also traces two constraints that limit the role of the law of unjust enrichment in other contexts—namely, the insistence that there must be a direct transfer of enrichment from the plaintiff to the defendant and that unjust enrichment claims may not operate where there is a valid contract conferring the enrichment. In terms of divergence, Singapore has charted its own course in terms of the role unjust enrichment law plays in the context of an illegal contract. Instead of relying on a range of considerations before allowing restitution, Singapore’s approach to restitution considers whether the claim would undermine the fundamental policy, be it statutory or of the common law, that rendered the contract in question void and unenforceable in the first place.

Some thoughts on the consequences of illegal contracts

Few topics in the law of contract have generated as much debate as determining the effects of contracts that infringe statutory or common-law rules. While South African law has in some respects adopted remarkably progressive positions in these debates, especially by displaying flexibility in determining when parties may claim restitution, it also still applies some constructs, rules or maxims in a manner that impedes determining the appropriate consequences of infringing rules or illegality. In this regard it is argued (i) that the concept of an ‘illegal contract’ should be treated with caution, since different commentators automatically link it to different consequences; (ii) that the continued reference to a construct styled the par delictum rule is not helpful when determining whether duties of restitution arise from these contracts; and (iii) that the ex turpi maxim creates the misleading impression that tainted contracts are invariably unenforceable, whereas the reality may be quite different.

Przegląd orzecznictwa Sądu Najwyższego

Overview of the decisions of the Polish Supreme Court Pursuant to the resolution of the panel of seven judges of the Polish Supreme Court of May 7, 2021, case file no. III CZP 6/21, which became a legal principle, an illegal contract term (Article 3851 § 1 of the Polish Civil Code) is from the beginning, by virtue of the law itself, ineffective for the benefit of the consumer who may give free and informed consent to this provision and thus restore its retroactive effect. If the loan agreement cannot be binding without an ineffective provision, the consumer and the lender are entitled to separate claims for the reimbursement of cash benefits provided in the performance of the agreement (Article 410 § 1 in conjunction with Article 405 of the Polish Civil Code). The lender may request the return of the benefit from the moment the loan agreement becomes permanently ineffective. The resolution of the Polish Supreme Court of May 28, 2021, case file no. III CZP 27/20, is of exceptional importance, as according to it the right to live in a clean environment is not a personal good. Protection of personal rights (Article 23 of the Polish Civil Code in conjunction with Article 24 of the Polish Civil Code and Article 448 of the Polish Civil Code) covers health, freedom, privacy, which may be breached (threatened) by an inadequate air quality, which does not meet the standards specified in legal provisions. However, according to the resolution of the Polish Supreme Court of March 31, 2021, case file no. I KZP 7/20 – a violent crime within the meaning of Art. 41a § 1 of the Polish Criminal Code is any crime that was actually committed with the use of violence, and the word “violence” used in this legal provision includes both physical and mental violence.

Contracts Concept and Kinds of Contracts in Islamic Perspective

Contract is a basic need of human life and every person depends on others to fulfill his needs. This research paper is a detailed discussion on concept of contracts and its kinds in Islamic perspective. Different definitions of the contract have been discussed and elaborated with some illustrations. Major portion of the discussion is related to the kinds of contracts from different aspects. Ten main divisions of the contracts have been discussed in detail. These divisions are: legal and illegal contracts, valid and invalid contracts, obligatory and optional contracts, pecuniary and non pecuniary contracts, possessive and non possessive contracts, contracts in force and suspended contracts, compensatory and donation contracts, guaranteed and non guaranteed contracts, original and subsidiary contracts and lastly the immediate and continuous contracts. All these categories of the contracts have further different kinds which have been discussed in detail so that the reader may understand the nature of his daily contracts, its consequences and Sharia order related to all these kinds. This research will also be proved beneficial for the society and for the researchers also to continue their further research.

Illegality of Contracts In Ghana; Filling the Gap

The jurisprudence of contract law in many common law countries is a pure borrowing of English law with little or no modifications to reflect changes occasioned by constitutional law. The concept of illegality of contracts in Ghana is no exception. This article therefore advances the argument that the concept of illegal contracts as inherited from common law for Ghana's purposes is moribund. It therefore seeks to expand the scope to cover constitutionally illegal contracts. Contracts cannot be said to be illegal upon a breach of a statute and public policy only; but in the peculiar case of Ghana, the 1992 constitution. The article therefore provides a comprehensive understanding of an unconstitutional; or constitutionally illegal contract and its incidence on the rights of contracting parties. The sole aim is to expand and modernize the teaching and learning of the law in Ghana so far as illegal contracts are concerned. The literature on the topic should reflect this area of the law. It also cannot be gainsaid that, corporate lawyers and people of commerce will have its advantage.

Okedina v Chikale and Contract Illegality: New Dawn or False Dawn?

<i>Okedina v Chikale</i> and Contract Illegality: New Dawn or False Dawn?

Restitution Under an Illegal Contract: A Scots Law Perspective on Patel v. Mirza

Abstract: The illegality doctrine is an area where Scottish materials are sparse and conflicting. There have therefore been calls for law reform in Scotland, even along the lines of the United Kingdom Supreme Court (UKSC) decision in Patel v. Mirza. Moreover, Patel is already being mentioned with approval in Scottish courts and texts, and this suggests that any case which comes after it is likely to follow it closely.