''Pacta sunt servanda'',

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

for "agreements must be kept", is a brocard and a fundamental principle of law. According to Hans Wehberg, a professor of

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

, "few rules for the ordering of Society have such a deep moral and religious influence" as this principle. In its most common sense, the principle refers to private

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

s and prescribes that the provisions, i.e.

clause In language, a clause is a constituent that comprises a semantic predicand (expressed or not) and a semantic predicate. A typical clause consists of a subject and a syntactic predicate, the latter typically a verb phrase composed of a verb with ...

s, of a contract are

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract. The first known expression of the brocard is in the writings of the

canonist Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...

Cardinal Hostiensis from the 13th century AD, which were published in the 16th.

Modern Jurisprudence

In both civil law and

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

jurisdictions, the principle is related to the general principle of correct behavior in commerce, including the assumption of

good faith In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case ...

. While most jurisdictions in the world have some form of good faith within their legal systems, there exists debate as to how good faith should be evaluated and measured. For example, in the United States—a common law jurisdiction—the implied duty of good faith and fair dealing exists in all commercial contracts.

International law

Under international law, "every

treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations An international organization or international o ...

in force is binding upon the parties to it and must be performed by them in

."''

Vienna Convention on the Law of Treaties The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined ...

'' (signed in

Vienna en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...

Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...

on 23 May 1969 and entered into force on 27 January 1980), Article 26; and ''

Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations #REDIRECT Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations ...

'' (signed in Vienna on 21 March 1986), Article 26: ''not yet entered into force''. This entitles states party to the

(signed 23 May 1969 and entered into force on 27 January 1980) to require that obligations instituted by treaties be honored and to rely on such obligations being honored. This basis of good faith for treaties implies that a party to a treaty cannot invoke provisions of its municipal (domestic) law as justification for negligence of its obligations pursuant to the treaty in question. The only limits to application of ''pacta sunt servanda'' are the

peremptory norm A peremptory norm (also called or ' ; Latin for "compelling law") is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no universal a ...

s of general international law, which are denominated "''

jus cogens Jus may refer to: Law * Jus (law), the Latin word for law or right * Jus (canon law), a rule within the Roman Catholic Church People * Juš Kozak (1892–1964), Slovenian writer * Juš Milčinski, Slovenian theatre improviser * Justin Jus Obo ...

''", i.e. compelling law. The legal principle of ''

clausula rebus sic stantibus ''Clausula rebus sic stantibus'' (Latin for "things thus standing") is the legal doctrine allowing for a contract or a treaty to become inapplicable because of a fundamental change of circumstances. In public international law the doctrine essentia ...

'' in

customary international law Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its ...

also permits non-satisfaction of obligations pursuant to treaty because of a compelling change of circumstances.

References

External links

Britannica Online Encyclopedia - Pacta sunt servanda
*Richard Hyland
''Pacta sunt servanda'': a meditation
''Virginia Journal of International Law'' 34, no. 2 (1994): 405–433. {{Authority control Brocards (law) Civil law (common law) Civil law legal terminology Conflict of laws International law International law legal terminology Legal rules with Latin names Law of obligations Legal doctrines and principles

Modern Jurisprudence

International law

See also

References

External links