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Art. 20. “Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.” Art. 21. “Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.”
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy.
Views on public morality do change over time. Public views on which things are acceptable often move towards wider tolerance. Rapid shifts the other way are often characterised by moral panics, as in the shutting down of theatres a generation after Shakespeare's death by the English Puritans. It may also be applied to the morals of public life.
The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions [1] [2] to solve or address relevant and problematic social issues, guided by a conception [3] and often implemented by programs.
If based on an illegal purpose or contrary to public policy, a contract is void. This principle is codified by Article 3.3.1 of the Principles, which provides that: [ 5 ] Where a contract infringes a mandatory rule; [ g ] whether of national, international, or supranational origin; the effects of that infringement upon the contract are the ...
In private international law, the public policy doctrine or ordre public (French: lit. "public order") concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time.
Under the Federal Rules of Evidence, Rule 804(b)(3) provides: "A statement that: (A) a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to ...