| 释义 |
public policy
The principles that underpin the legal system and society. If a contract is (on common-law principles) contrary to public policy, this will normally make it an illegal contract. In a few cases, however, such a contract is void but not illegal, and is treated slightly more leniently (for example, by severance). Contracts that are illegal because they contravene public policy include any contract to commit a crime or a tort or to defraud the revenue, any contract that prejudices national safety or the administration of justice, and any immoral contract. Contracts that are merely void include contracts in restraint of trade and in restraint of marriage and marriage brokage contracts. If private international law leads to the application of a foreign law the court will not apply (provisions of) this law if its application contradicts public policy; nor will the court enforce an otherwise valid foreign judgment if it breaches public policy. |