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Chapter Summary

Prostitution has always served as the example of a contract contrary to morality, and is typically associated with keeping a disorderly house. Pursuing the private law analysis further, if we were to assume that prostitution is not a crime but is an unenforceable agreement, one could ask whether this unenforceability is on both sides. Therefore none of the parties can claim for the breach or the enforcement of the contract. For a long time, prostitution has been the most important and most widespread immoral contract. Pornography, on-line sex and live sexual entertainment had a marginal role or were non-existent. Focusing attention on prostitution has therefore brought to question the validity and enforceability of other contracts which were considered ancillary to prostitution. The general principle of validity of contracts is more than an abstract rule.

Keywords:contract; criminal law; private law; Prostitution; Sexual Services

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