Academic literature on the topic 'Pacta sunt servanda'

The research entitled The Application of Pacta Sunt Servanda Principle In Testament Made Before Notary in Perspective of Justice has problem formulation: 1) How is the application of pacta sunt servanda principle on testaments made before the present notary ?, 2) What legal effect arises when The testamen made before the notary does not apply the principle of pacta sunt servanda in the perspective of justice? And 3) How is the application of pacta sunt servanda principle to testament made before Notary in the perspective of justice ?.The results of this research are 1) The application of pacta sunt servanda principle on testaments made before the present notary can be described that the implementation of pacta sunt servanda principle is required at all stages, either before, during or after the process of making the testament deed. 2) Any legal effect that arises when a testament made before a notary public does not apply the principle of pacta sunt servanda in the perspective of justice is that the testament is essentially a statement made unilaterally by the testamenter set forth in a deed that must be executed by the will . 3) The application of the principle of pacta sunt servanda to the testament made before the Notary in the perspective of justice is that in the making of this testament it must be adhered to two principles namely, firstly, giving equal rights and opportunities to the widest freedom of the broadest extent of equal freedom for each person. Second, able to reorganize the socio-economic disparities that occur so as to provide mutual benefits.Keywords: Pakta Azmen Sunt Servanda, Testament

That the existence of the principle of pacta sunt servanda has long been known in the community, including the international community. Some leading experts have supported the existence of the principle, and even today the principle has become part of positive law, both at the Indonesian national level and at the international level. Thus the existence of the principle of pacta sunt servara entered into the legal system. The acceptance, existence and use of the principle of pacta sunt servanda is the initiation of an agreement including an international treaty. The meaning of the existence and acceptance of the principle of pacta sunt servanda is used as a basis for the operation or entry into force of international agreements. Because by adhering to the principle of pacta sunt servanda, the parties to the international agreement have promised to respect or implement what has been agreed or agreed upon. Without the ability to carry out what has been promised, the agreement will not be able to operate or act as it should.

In public international law, pacta sunt servanda is the foundational principle that international agreements are binding on treaty parties and must be kept. Insufficient attention, however, has been given to the role played by this international law axiom in organizing and shaping the international legal order. Accordingly, this note undertakes a critical historical analysis of how pacta sunt servanda was, and continues to be, applied as a legal basis and used as an argumentative method for the formation and maintenance of empire despite its conceptual evolution across time. Importantly, it does not argue that pacta sunt servanda should be abandoned as an international law rule or that pacta sunt servanda is not essential to the functioning of the international legal order. This note instead examines the conceptual evolution, invocation and application of pacta sunt servanda, and its relation to informal empire, across time.

ABSTRACTDispute resolution can be done by litigation and non litigation. Litigation settlement is conventional methods that contain tire weakness, so that the non-litigation settlement with an agreement arises. Issues: concerning the nature of law enforcement of the treaty agreement as the basis for resolving disputes through ADR; The power of the principle pacta sunt servanda in the mechanism of execution of the ADR decision. In law enforcement of agreements, it can be a violation of the making of an agreement (pre contract), and a violation of the implementation of the agreement (post contract), which leads to a settlement in litigation. Settlement through ADR must be based on the agreement of the parties and stated in the agreement. The power of the principle of pacta sunt servanda over the settlement agreement through ADR binds the parties and applies as a law. Third parties may not intervene on the substance of the contract made by the parties. Keywords: agreement, principle pacta sunt servanda, ADR. ABSTRAKPenyelesaian sengketa dapat dilakukan secara litigasi dan non litigasi. Penyelesaian secara litigasi merupakan cara-cara konvensional yang mengandung banyak kelemahan, sehingga memunculkan penyelesaian non litigasi atau di luar pengadilan (ADR) yang dilandasi dengan perjanjian. Permasalahan: menyangkut Hakikat penegakan hukum perjanjian; Perjanjian sebagai landasan penyelesaian sengketa melalui ADR; Kekuatan asas pacta sunt servanda dalam mekanisme eksekusi putusan ADR. Dalam penegakan hukum terhadap perjanjian, bisa berupa pelanggaran terhadap pembuatan perjanjian (pra contract), dan pelanggaran terhadap pelaksanaan perjanjian (post contract), yang bermuara pada penyelesaian secara litigasi. Penyelesaian melalui ADR harus didasarkan pada kesepakatan para pihak dan dan dituangkan dalam perjanjian. Kekuatan asas pacta sunt servanda atas perjanjian penyelesaian melalui ADR mengikat para pihak dan berlaku sebagai undang-undang. Pihak ketiga tidak boleh melakukan intervensi terhadap substansi kontrak yang dibuat oleh para pihak.Kata Kunci: perjanjian, asas pacta sunt servanda, sengketa.

Pacta sunt servanda is a legal principle that applies universally. With this principle, everyone is expected to carry out an agreement made with other parties voluntarily. To enforce the principle by the court in case of dispute in the implementation of the agreement, it requires conditions that must be met. In the context of an arbitration agreement, it must also meet specific rules stipulated in the Arbitration Law. In practice, there is still disobedience to this principle where the parties who have been bound by an arbitration agreement are still taking the litigation in solving their case. In this research, the problems examined are how the principle of pacta sunt servanda is regulated in the arbitration law and how strong this principle is applied. The method used in this research is normative juridical. Based on the research, it is concluded that the implementation of the pacta sunt servanda principle is regulated in several articles of the Arbitration Law. The pacta sunt servanda principle is not valid absolutely because it is deviated by other laws or legal principles. It is recommended that parties in an agreement shall understand the choice of dispute settlement well including the consequences of such choice.

Problem setting. The mechanism for ensuring the fulfillment of obligations under international treaties is a complex legal phenomenon that includes a number of international legal institutions (the institution of obligation, institutions related to good faith, means of ensuring the fulfillment of obligations, institutions of international judicial bodies, institution of responsibility). The main premise that contributed to the formation of the mentioned institutional mechanism is the principle «pacta sunt servanda» «agreements must be fulfilled», which concentrated in itself the idea of the binding nature of international agreements, and later the conscientiousness of their implementation. Denoting the binding nature of any legal agreement, the principle «pacta sunt servanda» is one of the main principles of contract law. However, its implementation is accompanied by a number of problems, the solution of which requires the development of an appropriate scientific basis. Analysis of recent researches and publications. The analysis of recent researches and publications shows that the issue of the principle of contractual law “pacta sunt servanda” has repeatedly attracted the attention of the scientific community. Some of its aspects were considered by both Ukrainian and foreign scientists, including: S. I. Afanasenko, D. P. Bogatchuk, O. V. Butkevich, S. V. Gonzalez Sinisterra, Z. M. Yudin and others. However, most of the research and publications available today are rather superficial in nature. Target of the research is to analyze the legal meaning and essence of the principle «pacta sunt servanda». Article’s main body. The purpose of the article is to analyze the legal meaning and essence of the principle «pacta sunt servanda». The article highlights the legal meaning and essence of the «pacta sunt servanda» principle. The author takes the position that the binding nature of international agreements is based not only on the consensual nature of contractual norms, but also on the mutual interest of the parties in the agreement. The article explains the nature of the principle «pacta sunt servanda» from the standpoint of «jus cogens», which theoretically substantiates the meaning of the principle as a prerequisite for the formation of a mechanism for ensuring the fulfillment of obligations under international treaties. Based on a number of philosophical and legal theories, the most common of which are the theory of promise, the will theory, as well as the theory of efficiency, «pacta sunt servanda», as one of the principles of contract law, is generally recognized in legal science. The study of these theories justifications allows us to ascertain the absence of historical continuity between the initial and subsequent meanings of the principle, and even the absence of a consensus view in the doctrine. Conclusions and prospects for the development. Realizing the need to observe laws, as well as observing international treaties, at the individual level, the state must realize the necessity and inevitability of multi-level interaction in the international sphere. Only the understanding that in the implementation of the common will and cooperation it is possible to achieve a solution to the international problems that are currently faced by the international community, accepting the possibility of interaction to achieve the common interest, and not to meet the current economic needs of each state separately, will allow solving many global problems of our time and leaving to a new level of understanding of law as a tool for building a new reality within the framework of the interaction of states. In this regard, the principle of «pacta sunt servanda» is gaining more and more global scope.