Everything about Pacta Sunt Servanda totally explained
Pacta sunt servanda (
Latin for "agreements must be kept"), 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
pacts and
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
damages 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".
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 can't invoke provisions of its
domestic law as justification for a failure to perform.
The only limit to
pacta sunt servanda is
jus cogens (Latin for "compelling law"), the
peremptory norms of general international law.
Further Information
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