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Pacta sunt servanda [1] ("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. [2] It is customary international law. [3]
Article 26 defines pacta sunt servanda, that agreements must be kept; Article 53 defines jus cogens, peremptory norm; Article 62 defines Fundamental Change of Circumstance, which determines the validity or invalidity of a treaty; and Article 77 defines depositary, the organisation or person who holds a multilateral treaty.
Clausula rebus sic stantibus comes from Latin (where rebus sic stantibus is Latin for "with things thus standing" or, more idiomatically, "as things stand").. A key figure in the formulation of clausula rebus sic stantibus was the Italian jurist Scipione Gentili (1563–1616), who is generally credited for coining the maxim omnis conventio intelligitur rebus sic stantibus ('every convention is ...
Pacta sunt servanda "Agreements are to be kept." Contracts are the law or contracts establish obligations (between those who sign them). Par in parem non habet imperium "Equals have no sovereignty over each other." Prior tempore potior iure "Earlier in time, stronger in right." "The law favors those who establish their rights earlier rather ...
This can be explained by reference to the purpose which failed (the basis of the action): where pacta sunt servanda, the purpose is successful on discharge of the legal duties which flow from the contract, namely transfer of the object of the contract.
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The Henrician Articles or King Henry's Articles (Polish: Artykuły henrykowskie; Lithuanian: Henriko artikulai; [1] Latin: Articuli Henriciani) were a constitution in the form of a permanent agreement made in 1573 between the "Polish nation" (the szlachta, or nobility, of the Polish–Lithuanian Commonwealth) and a newly-elected Polish king and Lithuanian grand duke upon his election to the ...