Which Of The Following Agreements Are Contrary To Public Policy

Which Of The Following Agreements Are Contrary To Public Policy

An agreement in which a party agrees to close criminal proceedings in court against a certain amount of money is illegal. Therefore, such an agreement can only be implemented if crime is entrenched. «public policy»: a vague and unsatisfactory notion that must lead to uncertainty and error in its application to the rights decision; it is capable of being understood in different senses; it can and does mean «political expediency» or what is best for the common good of the Community; and in this sense, there may be any variety of opinions, depending on the education, habits, talents and inclinations of any person who must decide whether an action is contrary to public order or not. Admitting it as a reason for a judicial decision would lead to greater uncertainty and confusion. It is the province of the statesman, not the lawyer, to discuss and determine to the legislature what is best for the common good, and to guarantee it by appropriate decrees. It is the province of the judge to declare only the law; written from the statutes; the unwritten or universal right of the decisions of our predecessors and our existing courts, the authority recognized by the authors of texts and the principles that must be clearly established for reasonable reasons and only conclusions; Do not speculate on what it considers best, for the benefit of the Community. Some of these decisions may be based on the prevailing and just views of the common good; z.B the illegality of alliances to restrict marriage or trade. They are part of the recognized law, and that is why we are connected to it, but it does not allow us to define everything we think for the common good as a law and to prohibit everything we think differently. In principle, it is presumed that a contract or act is contrary to public policy if it results in a violation of the law, harms citizens or harms the state. In general, public policy means that courts sometimes invalidate a contract because it is contrary to the common good. Similarly, an agreement to pay money to the parent/caregiver of a minor, taking into account his or her assumption of giving to minors in marriage, is not entitled, as it is contrary to public policy.

No Comments

Sorry, the comment form is closed at this time.

Pide aquí tu cita por WhatsApp