法律外文文献怎么翻译成中文?

A contract is illegal if either its formation or its performance is contrary to the public interest and to public policy. In general, illegal contracts are void. While there is a wide variety of situation which may produce illegal contracts, the discussion in this lesson will focus on three broad categories of such contracts: (1) contracts in violation of positive law, (2) contracts expressly made void by statute, and (3) contracts contrary to public policy.
1. Contracts in violation of positive law. A contract which provides for the commission of a crime or whose nature tends to induce the commission of a crime is illegal. Similarly, a contract which cannot be performed without the commission of a tort is illegal; however, the fact that a tort is committed during the performance of a contract does not in itself make the contract illegal.
2. Contracts made illegal by statutes. Statutes which expressly deal with the legality of certain types of contracts may be divided into three groups: (1) criminal statutes, (2) statutes expressly declaring contracts void, and (3) regulatory statutes. Statutes commonly have statutes which either prohibit or regulate wagering. Generally, wagering contracts are illegal and will not be enforced. Wagering contracts should be distinguished from contracts to shift a risk. In a wagering contract, a risk is created for the purpose of bearing it---such as a bet on a football game. A risk-shifting contract---such as an insurance contract---is legal so long as the person purporting to shift the risk actually had the risk. Stock and commodity market transaction entered into in good faith are speculative contracts and not illegal as wagers.
Some common example of statutes declaring certain types of contracts illegal are usury laws and Sunday closing or blue laws. These statutes often make the contracts void and may subject the parties involved to various penalties and forfeitures.
In order to protect the public, states have enacted a wide variety of statutes regulating the conduct of various types of businesses and professions. The most common type of regulation provides for the obtaining of a license before a person, partnership, or corporation engages in a regulated activity such as the practice of law or medicine or the carrying on of a trade such as barbering or plumbing. If a person contracts to perform such a service or engages in a regulated business without first having obtained the required license, any contracts he makes are illegal. Again, however, a distinction must be made between regulatory statutes which require proof of skill and character before the issuance of a license, and those statutes designed to raise revenue and which permit the issuance of a license to anyone who pays a certain, often substantial, fee. The failure to obtain a license required by a revenue-raising statute does not affect the legality of a contract made by the unlicensed person.
09-01-02  精神_紧张 发布
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      如果合同是违法的形成及其性能是违背社会公共利益和公共政策。一般来说,非法的合同是无效的。虽然有种类繁多的情况可能产生非法的合同,探讨在这节课将注意力集中在3大类:(1)合同违反法律实证主义契约,(2)合同明确由法律规定无效,(3)合同与公共政策。
      1。合同的违反法律。一份合同,为委员会的自然倾向是犯罪或诱发犯罪的佣金是违法的。同样的,合同不能没有佣金的侵权行为是违法的,但是,这一事实:在履行侵权行为的合同本身并不使合同违法。
      2。签约非法的律例。法规明确处理某些类型的合同的合法性可分为三大类:(1)刑事法规;(2)合同法规明确宣称空虚,以及(3)管理法规。通常有法律,法令禁止赌博和调节。一般来说,赌博是非法的,合同将不被强制执行。合同应当区别赌局合同的风险转移。在一场赌局,一个风险是合同的目的是为了创造着——如一个赌一场足球比赛。一个转移合同——如保险合同———的法律,只要人来转移风险实际上有风险。股票和商品市场交易进入以诚信是不违法的投机合同以及作为工资。
      一些常见的例子某些类型的合同法规宣布高利贷法规和周日是违法的蓝色或关闭的法律。这些律例常常使合同无效的,当事人可以对不同主题及forfeitures处罚。
      为了保护公众,州已经颁布了各式各样的法律规范不同类型的事业及专业。最常见的规定取得之许可,在个人、合伙、有限公司从事于规范的实践活动,如法律或药或进行交易,如barbering或管道。一个人如果合同履行其服务或从事监管业务必须先获得所需的许可,任何合同,他使是违法的。然而,一个区别之间必须由监管法规要求的技巧和个性的证明核发许可证前,这些法规旨在提高税收和允许发行许可任何人支付一定、大量、费。未能取得执照需要revenue-raising法令不影响合同的合法性由无照经营的人。

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