Pacta Sunt Servanda
A Pacta Sunt Servanda is a principle of law that ensures agreements and treaties are to be followed as promised.
- Example(s):
- an International Treat,
- a Contractual Obligation,
- ...
- Counter-Example(s):
- See: Rebus Sic Stantibus, Good faith, Contract Law, International Law, Henry of Segusio, Latin, Brocard (Law), Principle of Law, The American Journal of International Law, Contract, Clause, Law, Canon Law of The Catholic Church.
References
2023a
- (GM-RKB ChatGPT, 2023) ⇒ Summarize the concept Pacta Sunt Servanda in 1- 2 paragraphs, promt.GM-RKB ChatGPT (model: gpt-4-1106-preview) Retrieved: 2023-12-24.
- QUOTE: Pacta Sunt Servanda is a fundamental principle of both international law and civil law systems that dictates that agreements and treaties are binding upon the parties to them and must be executed in good faith. Its Latin phrase literally translates to "agreements must be kept", underscoring the importance of honoring the commitments and obligations that arise from agreements. This principle is recognized universally and serves as the basis for the enforcement of contractual obligations. By ensuring that contracts are respected, it provides stability and predictability in legal and commercial relationships.
In the context of international law, pacta sunt servanda is essential for sustaining the order and reliability of international relations, as it compels states to adhere to the provisions of treaties they have entered into. Violating this principle can lead to legal disputes and undermine the integrity of the international legal system. Similarly, in domestic legal systems, the principle is integral to contract law, ensuring that private parties engaged in agreements can rely on the enforceability of their contracts, hence allowing for economic activity and cooperation. While exceptions exist, such as contracts that are illegal or entered into under duress, the overall doctrine that contracts are to be respected is widely recognized and enforced.
- QUOTE: Pacta Sunt Servanda is a fundamental principle of both international law and civil law systems that dictates that agreements and treaties are binding upon the parties to them and must be executed in good faith. Its Latin phrase literally translates to "agreements must be kept", underscoring the importance of honoring the commitments and obligations that arise from agreements. This principle is recognized universally and serves as the basis for the enforcement of contractual obligations. By ensuring that contracts are respected, it provides stability and predictability in legal and commercial relationships.
2023b
- (Wikipedia, 2023) ⇒ https://en.wikipedia.org/wiki/pacta_sunt_servanda Retrieved:2023-8-21.
- Pacta sunt servanda, Latin for "agreements must be kept", [1] is a brocard and a fundamental principle of law. According to Hans Wehberg, a professor of international law, "few rules for the ordering of Society have such a deep moral and religious influence" as this principle. [2] In its most common sense, the principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law 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 Cardinal Hostiensis from the 13th century AD, which were published in the 16th. [3]
- ↑ Black's Law Dictionary (8th ed. 2004)
- ↑ Wehberg, H., 'Pacta Sunt Servanda', The American Journal of International Law 53, no. 4 (1959), accessed 10 February 2022
- ↑ Hyland, 1994, p. 416