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transnational law transnational law (lex mercatoria or international business law) and "No restitution in case of knowledge of illegality of performance" 2016-03-01 13:58:16

No. IX.6 - No restitution in case of knowledge of illegality of performance

No one may claim restitution of what he has rendered to the other party while knowing the illegality of his performance ("nemo auditur turpitudinem suam allegans").

This Principle follows from the general Principle of good faith. A party who positively knows that its performance is illegal may not later claim restitution of that performance. Doubts as to the illegality of the performance do not suffice unless the party who performs makes it clear that it assumes all risks arising out of that performance.

Please cite as: "Commentary to Trans-Lex Principle , "
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