Understanding Ubi Et Dantis Et Accipientis Turpitudo Versatur, Non Posse Repeti Dicimus; Quotiens Autem Accipientis Turpitudo Versatur, Repeti Posse
Definition & Meaning
The phrase "Ubi et dantis et accipientis turpitudo versatur, non posse repeti dicimus; quotiens autem accipientis turpitudo versatur, repeti posse" refers to a legal principle in civil law. This principle states that if both the giver (dantis) and the receiver (accipientis) are involved in wrongful behavior (turpitude), the item in question cannot be recovered. However, if only the receiver is at fault, the item can be reclaimed.
Legal Use & context
This principle is primarily applied in civil law cases, particularly in matters involving contracts and restitution. It helps determine whether a party can recover property or funds when both parties have engaged in unethical behavior. Users may encounter this principle when dealing with legal disputes about the return of property or money, and they can utilize legal templates from US Legal Forms to assist in these situations.
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a person gives money to another person to commit a crime, neither can recover the money because both are engaged in wrongful conduct.
Example 2: If a person lends money to someone who uses it for illegal purposes, the lender may not be able to recover the funds if they were aware of the intended use (hypothetical example).