Civil Law
Updated 29th May 2025
Pacta Sunt Servanda (Obligation of Contracts)
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The principle of Pacta Sunt Servanda, or the Obligation of Contracts, signifies that obligations arising from contracts have the force of law between the contracting parties. This means that a valid contract creates binding legal obligations upon the parties who entered into it.
Key Elements and Effects
- Force of Law: Contracts create obligations that are as binding as laws between the specific parties involved.
- Compliance and Good Faith: Obligations arising from contracts should be complied with, and this compliance must be done in good faith.
- Not Subject to Unilateral Will: The validity or compliance of a contract generally cannot be left to the sole will of one of the parties.
- Effect on Parties, Assigns, and Heirs: Contracts generally take effect between the contracting parties, their assigns, and heirs.
This principle is explicitly recognized in contract law and is referred to as the obligatory force of contracts.