ABUNDANS CAUTELA NON NOCET

Against the morals or customs

This legal maxim is of latin origin meaning against morals, or customs, or good way of life. All contracts are considered illegal if they are contra bonos mores. These can be reduced to several classes: (1}Incentive to crime, which is a claim that cannot be sustained, therefore, on a bond for compounding a crime or for procuring a pardon. (2}Indecent consideration, or mischievous consideration, is an obligation or engagement which is either prejudicial to the feelings of a third party, or offensive to decency or morality, is void.

The literal meaning of the maxim is "Agreements must be kept".

The literal meaning of the maxim is "Agreements must be kept". It is the principle used in the International Law, which means "all the signatories should uphold international treaties". The rule is based upon the principle of "Good Faith". The Good faith indicates that a party cannot invoke the provisions of the domestic law as justification for a failure to perform. The only limit to the maxim is peremptory norms of general international law known as “jus cogens” which denotes the meaning “Compelling law”.

The maxim denotes the meaning “proof overcomes presumption”.

The maxim denotes the meaning “proof overcomes presumption”. This maxim gives the effect of placing upon the opposing party the burden of establishing the nonexistence of the presumed fact, once the party invoking the presumption establishes the underlying facts giving rise to it.