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Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Contractus

[Latin] Roman law. A contract; an agreement between two or more parties, usu. to create an actionable bond between them. See CONTRAHERE."The texts of the Roman Law do not supply a definition of contract. The words contractus - contrahere - like contract' in English, are used in various senses, sometimes wider, sometimes narrower. Labeo gives contractus the meaning of a reciprocal obligation, such as purchase and sale, hire, partnership. But when the Romans speak of obligation arising from contract, they mean obligations arising from convention or agreement. In Roman law it was far from being the case that all agreements which might be expected to produce a legal obligation did so." R.W. Lee, The Elements of Roman Law 285 (4th ed. 1956).

Contractus est quasi actus contra actum

A contract is, as it were, act against act.

Contractus ex turpi causa vel contra bonos mores nullus est

A contract founded on a wrongful consideration or against good morals is null.

Contractus legem ex conventione accipiunt

Contracts receive legal validity from the agreement of the parties.

Debitum et contractus sunt nullius loci

Debt and contract belong to no particular place.

Ex maleficio non oritur contractus

A contract does not arise out of an illegal act.

Legem enim contractus dat

The contract gives the law.

Locus contractus regit actum

The place of the contract governs the act.

Praescriptio et executio non pertinent ad valorem contractus, sed ad tempus et modum actionis instituendae

Prescription and execution do not affect the validity of the contract, but affect the time and manner of bringing an action.

Uniuscujusque contractus initium spectan dum est et causa

The beginning and cause cr each and every contract must be considered

contractus bonae ldei

[Latin "contract of good faith"] Roman law. A contract requiring that the parties perform their duties in good faith. ( In an action brought on a contractus bonae fidei, the plaintiff had to assert that he had not acted in bad faith. All consensual contracts were considered contractus bonae fidei. Essentially, then, the phrase was typically used when a remedy was being sought for a breach.

exceptio non adimpleti contractus

An exception in a contract action involving mutual duties or obligations, to the effect that the plaintiff may not sue if the plaintiff's own obligations have not been performed.

forum contractus

[Latin "the forum of the contract"] Hist. 1. The place where a contract was made, and thus the place of jurisdiction. 2. The court of the place where a contract was made.

lex contractus

See LEx LOCI CONTRACTUS.

lex loci contractus

[Latin] The law of the place where a contract is executed or to be performed. ( Lex loci contractus is often the proper law by which to decide contractual disputes. - Often shortened to lex loci; lex contractus.

locus contractus

[Latin "place of the contract"] The place where a contract is made. Cf. LEX LOCI CONTRACTUS.