3517

If the fact of which the illicit consideration consists does not constitute either a crime or misdemeanor, the following rules shall be observed:\n(1) When both parties are guilty, neither of them can recover what he may have given by virtue of the contract, nor claim the fulfilment of what the other party may have offered.\n(2) When only one of the contracting parties is guilty, he cannot recover what he may have given by virtue of the contract, nor demand the fulfilment of what may have been offered him. The other party, who has had nothing to do with the illicit consideration, may reclaim what he may have given without being obliged to fulfill what he has offered.\nHistory —Civil Code, 1930, § 1258.