FACTOID # 12: It's not the government they hate: Washington DC has the highest number of hate crimes per capita in the US.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Pacta sunt servanda

Pacta sunt servanda (Latin for "pacts must be respected") is a Brocard, a basic principle of civil law and of international law. Latin is an ancient Indo-European language. ... A Brocard is a juridical principle usually expressed in Latin (and often derived from juridical works of the past), traditionally used to concisely express a wider legal concept or rule. ... Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ... This article or section is missing references or citation of sources. ...


In its most common sense, it refers to private contracts, stressing that contained pacts and clauses are law between the parties, and implies that the non-fulfilment of respective obligations is a breach of the pact. The general principle of correct behaviour in commercial praxis — and implies the bona fide — is a requirement for the efficacy of the whole system, so the eventual disorder is sometimes punished by the law of some systems even without any direct damages incurred by any of the parties. A contract is a promise or an agreement that is enforced or recognized by the law. ... A pact is a formal agreement, usually between two or more nations. ... In grammar, a clause is a group of words consisting of a subject and a predicate, although, in non-finite clauses, the subject is often not explicitly given. ... The stela of King Hammurabi depicts the god Shamash revealing a code of laws to the king. ... An obligation can be legal or moral. ... Praxis is the process by which a theory or lesson becomes part of lived experience. ... In law, good faith (in Latin, bona fides) is the mental and moral state of honest, even if objectively unfounded, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct. ... In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm. ...


With reference to international agreements, "every treaty in force is binding upon the parties to it and must be performed by them in good faith" (in the words of the Vienna Convention on the Law of Treaties, signed at Vienna on 23 May 1969, entered into force 27 January 1980, art. 26, and the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, signed at Vienna on 21 March 1986, not yet entered into force, art. 26). It has been suggested that Protocol (treaty) be merged into this article or section. ... Good faith, or in Latin bona fides, is the mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct, even if the conviction is objectively unfounded. ... The Vienna Convention on the Law of Treaties (VCLT), adopted on May 22, 1969, codified the pre-existing international customary law on treaties, with some necessary gap-filling and clarifications. ... May 23 is the 143rd day of the year in the Gregorian calendar (144th in leap years). ... 1969 (MCMLXIX) was a common year starting on Wednesday (the link is to a full 1969 calendar). ... January 27 is the 27th day of the year in the Gregorian calendar. ... 1980 (MCMLXXX) was a leap year starting on Tuesday. ... The Vienna Convention on the Law of Treaties between States and International Organizations or Between International Organizations is an extension of the Vienna Convention on the Law of Treaties which deals with treaties between States. ... March 21 is the 80th day of the year in the Gregorian Calendar (81st in leap years). ... 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ...


The rule of pacta sunt servanda is based on good faith; this entitles states to require that obligations be respected and to rely upon the obligations being respected. This good faith basis of treaties implies that a party to the treaty cannot invoke provisions of its domestic law as justification for a failure to perform. Good faith, or in Latin bona fides, is the mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct, even if the conviction is objectively unfounded. ... A state is a set of institutions that possess the authority to make the rules that govern a society, having internal and external sovereignty over a definite territory. ... An obligation can be legal or moral. ... Good faith, or in Latin bona fides, is the mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct, even if the conviction is objectively unfounded. ... Municipal law is an international law term used to denote the national, domestic, or internal law of a sovereign state. ...


The only limit to pacta sunt servanda is jus cogens, i.e., peremptory norms of general international law. A peremptory norm (also called jus cogens, Latin for compelling law) is a fundamental principle of international law considered to have acceptance among the international community of states as a whole. ...


See also


  Results from FactBites:
 
Pacta sunt servanda (550 words)
If you have a better definition for Pacta sunt servanda than the one presented here, please let us know by making use of the suggest a term option.
This definition of Pacta sunt servanda may be disputed by other professionals.
Our attempt is to provide easy definitions on Pacta sunt servanda and any other medical topic for the public at large.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m