turpis causa - meaning and definition. What is turpis causa
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What (who) is turpis causa - definition

PHRASE
Condictio Causa Data Causa Non Secuta

Ex turpi causa non oritur actio         
COMMON LAW DOCTRINE
Ex turpi causa; Illegality defence; Illegality defense
(Latin "from a dishonorable cause an action does not arise") is a legal doctrine which states that a plaintiff will be unable to pursue legal relief and damages if it arises in connection with their own tortious act. Particularly relevant in the law of contract, tort and trusts,Winfield & Jolowicz on Tort, 15th edition, 866, suggest that the doctrine should be purely confined to contract is also known as the illegality defence, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, nevertheless a claimant by reason of his own illegality cannot sue.
Condictio causa data causa non secuta         
The condictio causa data causa non secuta under Roman law was an action ("condictio") for recovery of a transfer of property, where the purpose for the transfer had failed (causa non secuta). During the recognition of innominate contracts, and their enforcement via the actio praescriptis verbis, the condictio causa data causa non secuta still had relevance, however, outside the field of valid contracts.
Guttenberg plagiarism scandal         
  • Guttenplag claims of thesis’ pages containing one (black) or more (red) [[plagiarism]] fragments
  • University of Bayreuth
POLITICAL SCANDAL
Causa Guttenberg
Guttenberg plagiarism scandal refers to the German political scandal that led to the resignation of Karl-Theodor zu Guttenberg as Minister of Defence of Germany over the plagiarism of his doctoral dissertation. The first accusations of plagiarism in Guttenberg's dissertation were made public in February 2011.

Wikipedia

Condictio causa data causa non secuta

The condictio causa data causa non secuta under Roman law was an action ("condictio") for recovery of a transfer of property, where the purpose for the transfer had failed (causa non secuta). During the recognition of innominate contracts, and their enforcement via the actio praescriptis verbis, the condictio causa data causa non secuta still had relevance, however, outside the field of valid contracts. This can be explained by reference to the purpose which failed (the basis of the action): where pacta sunt servanda, the purpose is successful on discharge of the legal duties which flow from the contract, namely transfer of the object of the contract.

The condictio causa data causa non secuta still exists in German Law and is represented in § 812 I 2 2. Alt BGB. Its modern short form is called "condictio ob rem". It has been used in several cases of post-socialist economies of Eastern Europe where the state was selling state owned property to nouveaux riches with an explicit request for the property (usually factories, but also land and other) to be brought for a specific purpose. As such requests were as a rule not fulfilled, in some (but by far not all) cases the public pressure has forced the governments to act upon the initial contract and claim back the property, paying the buyer who had failed to carry out his or her part of the agreement partial (or rarely full) restitution for his or her payment according to the first contract. Such cases were usually related to issues of bribery and embezzlement by state officials in the instances of signing the initial contracts of sale.

Scots law also still recognises the action of condictio causa data causa non secuta among the other condictiones, as was shown in the landmark case, in the field of unjustified enrichment (restitution), of Shilliday v Smith (especially per Lord President Rodger).