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Simple English definitions for legal terms

pactum

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A quick definition of pactum:

A pactum is an agreement or convention, usually falling short of a contract. It is a type of agreement that is enforceable by law, but not as strong as a contract. There are different types of pacta, such as pactum de constituto, which is an informal agreement to pay an existing debt at a fixed time, and pactum de non petendo, which is an agreement in which a creditor promises not to enforce the debt. Pactum corvinum de hereditate viventis is an agreement concerning the succession of one still living, while pactum de retrovendendo is an agreement concerning the selling back of an object.

A more thorough explanation:

PACTUM

Pactum is a Latin term used in Roman and civil law to refer to an agreement or convention that falls short of a contract. It is usually a less formal agreement, also known as a pact, and can take various forms.

  • Pactum constitutae pecuniae: This is an agreement for a fixed sum of money. It is an informal agreement to pay an existing debt, either one's own or another's, at a fixed time. The agreement was enforceable by a praetor, and Justinian extended it from money to debts of any kind.
  • Pactum de non petendo: This is an agreement not to sue. It is an agreement in which a creditor promises not to enforce the debt.
  • Pactum de retrovendendo: This is an agreement concerning the selling back of an object. It gives the seller the right to repurchase the item sold within a certain period and at a fixed price.

The examples illustrate how pactum can take different forms and serve different purposes. Pactum constitutae pecuniae is an agreement to pay a debt, while pactum de non petendo is an agreement not to enforce a debt. Pactum de retrovendendo is an agreement that gives the seller the right to repurchase an item sold. These examples show that pactum is a flexible term that can cover various types of agreements that fall short of a formal contract.

Pact of Paris | pad

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