Civillikuma 1415. pants un tā piemērošanas robežas

Abstract

According to the Civil Law of Latvia, Article 1415, an impermissible or indecent action, the purpose of which is contrary to religion, laws or good morals, or which is intended to circumvent the law, may not be the subject-matter of a legal transaction; such a transaction is void. Thus, there are four distinctive groups of unlawful transactions: contrary to law, circumventing the law, contrary to good morals, and contrary to religion. The prohibition of unlawful transactions is a restriction of private autonomy. Sometimes transactions have been wrongly considered as unlawful by Latvian courts only because of minor dubious aspects of a transaction. In order to avoid such mistakes, the scope of application of the Article 1415 must be limited to transactions where the subject-matter of a transaction is unlawful.