Pacta Sunt Servanda: The Foundation of Legal Agreements
Definition & Meaning
Pacta sunt servanda is a Latin phrase that translates to "agreements must be kept." This principle is fundamental in international law, asserting that all parties to a treaty are obligated to uphold their commitments. The underlying idea is that parties engage in agreements in good faith, meaning they cannot use their domestic laws as an excuse for failing to fulfill their treaty obligations. However, this principle is limited by peremptory norms of international law, known as "jus cogens," which are binding laws that cannot be violated.
Legal Use & context
Pacta sunt servanda is primarily used in the context of international treaties and agreements. It is relevant in various legal fields, including:
- International law
- Contract law
- Civil law
This principle ensures that countries and entities honor their agreements, which is crucial for maintaining trust and stability in international relations. Users can manage certain legal agreements themselves using templates available through resources like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A country signs a trade agreement with another nation. According to pacta sunt servanda, both countries are required to adhere to the terms of the agreement, such as tariffs and trade quotas.
Example 2: A corporation enters a contract with a supplier. The principle of pacta sunt servanda obligates the corporation to fulfill its payment terms as outlined in the contract. (hypothetical example)