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''In pari delicto (potior/melior est conditio possidentis)'', Latin for "in equal fault (better is the condition of the possessor)",〔(A Selection of Legal Maxims, page 546 )〕 is a legal term used to indicate that two persons or entities are equally at fault, whether the malfeasance in question is a crime or tort. The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of wrongdoing by both parties. The phrase means, in essence, that since both parties are equally at fault, the court will not involve itself in resolving one side's claim over the other, and whoever possesses whatever is in dispute may continue to do so in the absence of a superior claim. The doctrine is similar to the defense of unclean hands, both of which are equitable defenses. Comparative fault and contributory negligence are not the same as ''in pari delicto'', though all of these doctrines have similar policy rationales. The same principle can be applied when neither party is at ''fault'' if they have equal ''right'' to the disputed property, in which case the maxim of law becomes ''in aequali jure (melior est conditio possidentis)''.〔(A Selection of Legal Maxims, page 543 )〕 Again the court will not involve itself in the dispute without a superior claim being brought before it. ==See also== *Equitable remedy *Equity (law) *Nemo auditur propriam turpitudinem allegans *Pot calling the kettle black *Tu quoque *Unclean hands 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「in pari delicto」の詳細全文を読む スポンサード リンク
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