Chapter 9 assignment Essay Example | Topics and Well Written Essays - 250 words

Chapter 9 assignment - Essay Example er Quebec Civil Law, in case of illegal contracts, the court must order restitution between parties and that illegal clause in the contract may be deleted and the remainder of the contract upheld in appropriate cases. However, a court may refuse restitution in favour of a party who has acted fraudulently, immorally or by deliberately breaching the law. Anent the protection granted to the true owner of a property subject of an illegal contract, the Civil Code of Quebec has already contained provisions regarding this matter. Under US Law on the other hand, illegal contract is a promise that is prohibited due to its very nature. Such contracts are prohibited since the performance, formation, or object of the agreement is against the law ("Illegal Contract Law, n.d). Despite the definition of the defective and illegal contracts, it does not automatically render the contract as null and void, unenforceable or ineffective, if the formation or performance or existence did not comply with what is required by the enactment unless the result is required by the enactment or to further the purpose of the enactment. Anent the protection granted to the owner of a property, the US law the concern is where the property is purported to be transferred under an illegal contract and the property is then the subject of a further transfer to a person who is not a party to the contract. The court may grant only the relief if there is question as to title of the