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11:03 Dec 9, 2003
This question was closed without grading. Reason: Answer found elsewhere
Explanation: both "shihuy" and "nikayon kapayim" are direct translations of the above English legal expressions derived from equity (dinei hayosher). These equitable principles were imported into Israeli contract law, despite the absence of "equity" from the Israeli legal system. "laches" means, essentially, "doing nothing whilst a breach occurs" or "waiting for too when a breach has occurred". A person guilty of acting in laches cannot then come and claim that the breach occurred to his detriment, because equity says that he ought not have been so complacent.
The "clean hands" principle is close to (but slightly different from) good faith - the original idea, in equity, was that a person coming to seek a remedy in equity must also do equity. Therefore, his own acts must be untainted.
Daniel Isaacs Local time: 13:24 Native speaker of: English PRO pts in pair: 64