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ARTICLE · 23 JUNE 2023

Thou Shalt Not Contradict Itself

CMS Pasquier Ciulla Marquet Pastor & Svara
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The common law principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law is admitted by Monegasque jurisdictions...

MonacoLitigation, Mediation & Arbitration

ESTOPPEL IS ADMITTED BY MONEGASQUE CASE-LAW

The common law principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law is admitted by Monegasque jurisdictions for the second time (Court of appeal, 13 December 2022, Court of appeal, 8 June 2016).

In both proceedings, Monegasque jurisdictions did accept the Estoppel principle, a point worth highlighting, but did not apply it.

Estoppel legally prevents a person from making contradictory claims or actions as opposed to statements or actions they may have made previously.

This principle stipulates that a party may not set itself in contradiction to its previous conduct as the other party has relied on such conduct. Such inconsistency is prohibited because it can cause harm to the other party and allow the party to evade contractual provisions.

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