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Pacta Sunt Servanda
''Pacta sunt servanda'' ("agreements must be kept.") is a brocard and a fundamental principle of law which holds that treaties or contracts are binding upon the parties that entered into the treaty or contract. It is customary international 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. 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. Modern jurisprudence In both civil law and common law jurisdictions, the principle is related to the general principle of correct behavior in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Legal Latin Terms
A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin, or anglicized Law Latin. __TOC__ Common law Civil law Ecclesiastical law See also * Brocard (law) * Byzantine law * Code of Hammurabi * Corpus Juris Canonici * International Roman Law Moot Court * Law French * List of Latin abbreviations * List of Latin phrases (full) * List of fallacies * List of Philippine legal terms * List of Roman laws * Twelve Tables The Laws of the Twelve Tables () was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornbl ... Notes References * Gabriel Adeleye & Kofi Acquah-Dadzie. ''World dictionary of foreign expressions: A resource for readers and writers''. Ed. by Thomas J. Sienkewicz & James T. McDonough, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Latin Phrases
This is a list of Wikipedia articles of Latin phrases and their translation into English. To view all phrases on a single, lengthy document, see: List of Latin phrases (full). Lists of pages * List of Latin phrases (A) * List of Latin phrases (B) * List of Latin phrases (C) * List of Latin phrases (D) * List of Latin phrases (E) * List of Latin phrases (F) * List of Latin phrases (G) * List of Latin phrases (H) * List of Latin phrases (I) * List of Latin phrases (L) * List of Latin phrases (M) * List of Latin phrases (N) * List of Latin phrases (O) * List of Latin phrases (P) * List of Latin phrases (Q) * List of Latin phrases (R) * List of Latin phrases (S) * List of Latin phrases (T) * List of Latin phrases (U) * List of Latin phrases (V) See also * Latin influence in English * Latinism Lists * List of abbreviations used in medical prescriptions * List of ecclesiastical abbreviations * List of Germanic and Latinate equivalents in English * List of Greek phrases * List of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hugo Grotius
Hugo Grotius ( ; 10 April 1583 – 28 August 1645), also known as Hugo de Groot () or Huig de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, statesman, poet and playwright. A teenage prodigy, he was born in Delft and studied at Leiden University. He was imprisoned in Loevestein Castle for his involvement in the controversies over religious policy of the Dutch Republic, but escaped hidden in a chest of books that was regularly brought to him and was transported to Gorinchem. Grotius wrote most of his major works in exile in France. Grotius was a major figure in the fields of philosophy, political theory and law during the 16th and 17th centuries. Along with the earlier works of Francisco de Vitoria and Alberico Gentili, his writings laid the foundations for international law, based on natural law in its Protestant side. Two of his books have had a lasting impact in the field of international law: '' De jure belli ac pacis'' (''On the Law of War and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fundamental Breach
Fundamental breach of contract, is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning, Master of the Rolls from 1962 to 1982, but it did not find favour with the House of Lords. Whereas breach of condition is a serious breach that "denies the plaintiff the main benefit of the contract", fundamental breach was supposed to be even worse, with the result that any exclusion clause limiting the defendant's liability would automatically become void and ineffective. Also, whereas breach of condition gives the plaintiff the option to repudiate, fundamental breach automatically discharges the entire contract. Although the concept caused some excitement in the 1950s and 1960s, the concept was regarded as flawed by the Law Lords, whose decision in the '' Suisse Atlantique'' case substantially curtailed the doctrine, which has now been effectively abandoned in England and Canada. The relevant concept in English Law, where a fu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Efficient Breach Of Contract
In legal theory, particularly in law and economics, efficient breach is a voluntary breach of contract and payment of damages by a party who concludes that they would incur greater economic loss by performing under the contract. Development of the theory The theory of efficient breach seeks to explain the common law's preference for expectation damages for breach of contract, as distinguished from specific performance, reliance damages, or punitive damages. According to Black's Law Dictionary, efficient breach theory is "the view that a party should be allowed to breach a contract and pay damages, if doing so would be more economically efficient than performing under the contract." Expectation damages, according to the theory, give parties an incentive to breach when and only when performance is inefficient. Judicial laws that govern contractual agreements and the damages to be incurred upon the breach of an agreement have existed since the 15th century. The motivating factor f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Schubert Jurisprudence
Schubert practice, also known as the Schubert jurisprudence (less often called Schubert doctrine), is a legal doctrine in Swiss law manifested in a series of decisions of the Federal Supreme Court of Switzerland, according to which provisions of Municipal law, domestic law have practical primacy over otherwise binding, but conflicting, provisions of international law as long as the former are ''lex posterior'' – even if the latter are ''lex specialis'' – based on a generalized hypothesis that a posterior act of the legislator whereby an existing act of international law has been contradicted was, in reality, a Implied repeal, conscious, albeit implicit, act of abrogation. As an immediate consequence, when the doctrine is applied, international law is violated. It derives from the 1973 Schubert case ruling, in which the Supreme Court upheld the decision of a cantonal authority to forbid an Austrian man from Vienna from acquiring Swiss land, in spite of him asserting en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of The Peace
Breach of the peace or disturbing the peace is a legal term used in constitutional law in English-speaking countries and in a public order sense in the United Kingdom. It is a form of disorderly conduct. Public order England, Wales and Northern Ireland In England and Wales, theoretically all criminal offences cognizable by English law involve "a breach of the King's peace", and all indictments formerly concluded "against the peace of our Lord the King, his crown and dignity" before the passage of the Indictments Act 1915 and the Rules that formed that Act's first schedule. The conclusion has also found its way into constitutional law in many United States state constitutions, which mandate that indictments within the state end in a similar manner to the above, usually omitting the "crown" part or substituting "government". For example, New Jersey's is "against the peace of this State, the government and dignity of the same". Historically that concluding phrase, now legally s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clausula Rebus Sic Stantibus
''Clausula rebus sic stantibus'' 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 essentially serves an "escape clause" to the general rule of ''pacta sunt servanda'' (promises must be kept). Because the doctrine is a risk to the security of treaties, as its scope is relatively unconfined, the conditions in which it may be invoked must be carefully noted. This term is related to ''force majeure'' and '' hardship clause''. Function in international law The doctrine is part of customary international law but is also provided for in the 1969 Vienna Convention on the Law of Treaties, under Article 62 (Fundamental Change of Circumstance). Although the doctrine is not mentioned by name, Article 62 provides the only justifications for its invocation: the circumstances that existed at the time of the conclusion of the treaty were indeed objectively essential to the o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
