Journey in Life: "In pari delicto" nghĩa là gì?

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Tuesday, February 23, 2021

"In pari delicto" nghĩa là gì?


"In pari delicto" -> nghĩa là có lỗi như nhau, chịu trách nhiệm như nhau.

Ví dụ
Your situation may fall under the doctrine (chủ nghĩa) of in pari delicto, which was explained by the Supreme Court in Constantino, et al. vs. Heirs of Pedro Constantino, Jr. (GR 181508, Oct. 2, 2013), penned by Associate Justice Jose Perez.

When the nullity (vô giá trị) proceeds from the illegality of the cause or object of the contract, and the act constitutes a criminal offense, both parties being in pari delicto, they shall have no action against each other, and both shall be prosecuted.

Following Court of Appeals precedent (quyết định), the Commercial Division has consistently maintained the narrow scope of the adverse interest exception to the in pari delicto defense. In a recent reversal of a Commercial Division decision, however, the First Department signaled a widening of the adverse interest exception. In their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss the decision and its background.

These captive owners might not have been in pari delicto with the promoters who got them into these microcaptive (vi mô) deals, but they were almost certainly at least delicto in a goodly number of cases.

Ngọc Lân

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