Pacta sunt servanda

related topics
{law, state, case}

Pacta sunt servanda (Latin for "agreements must be kept"[1]), is a brocard, a basic principle of civil law and of international law.

In its most common sense, the principle refers to private contracts, stressing that contained clauses are law between the parties, and implies that 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 penalty incurred by any of the parties.

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."[2] 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 municipal (domestic) law as justification for a failure to perform.

The only limit to pacta sunt servanda are the peremptory norms of general international law, called jus cogens (compelling law). The legal principle clausula rebus sic stantibus, part of customary international law, also allows for treaty obligations to be unfulfilled due to a compelling change in circumstances.

See also


Full article ▸

related documents
Judicial discretion
Abstract (law)
International human rights instruments
Permanent Court of Arbitration
Clean Air Act (1970)
Chisholm v. Georgia
Cohens v. Virginia
Nulla poena sine lege
Bomb threat
Jury instructions
Default (law)
Fighting words
Operation TIPS
English Heritage
Confidence trick
Non-disclosure agreement
Fourth Geneva Convention
Wikipedia:Legal disclaimer
Bill of rights
United States Solicitor General
Judicial economy
Iona Nikitchenko