Legal Dictionary of Pakistan

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

Compact Clause

U.S. Const. art. I, § 10, cl. 3, which disallows a state .from entering into a contract with another state or a foreign country without congressional approval.

Debitorum pactionibus creditorum petitio nec tolli nee minui potest

The creditors' suit can be neither quashed nor diminished by the contracts of their debtors.

Dolo malo pactum se non servaturum

An agreement induced by fraud will not preserve itself (will not stand).

Ex nudo pacto non oritur action

No action arises on a contract without a consideration.

Ex pacto illicito non oritur action

From an illicit contract no action arises.

In commodato haec pactio, ne dolus pra-Vetur, rata non est

In a loan for use (cor,.modatum), a pact excluding liability for fraud is invalid. a Often extended to contracts for loans in general. Dig. 13.6.17.

In contrahenda venditione, ambiguum pactum contra venditorem interpretandum est

In the contract of sale, an ambiguous agreement is to be interpreted against the seller.

Jus publicum privatorum pactis mutari non potest

A public right cannot be changed by agreements of private parties.

Nuda pactio obligationem non parit

A naked agreement (i.e., without consideration) does not create an obligation. Dig. 2.14.7.4.

Nuda ratio et nuda pactio non ligant aliquem debitorem

Bare reason and naked agreement do not bind any debtor.

Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa, fit obligatio, et parit actionem

Naked agreement (nudum pactum) is where there is no consideration besides the agreement; but when there is a consideration, an obligation is created and it gives a right of action.

Nudum pactum ex quo non oritur action

Naked agreement (nudum pactum) is that from which no action arises.

Pact

An agreement between two or more parties; esp., an agreement (such as a treaty) between two or more nations or governmental entities.

Pacta conventa quae neque contra leges neque dolo malo inita sunt, omni modo observanda sunt

Contracts that have been entered neither illegally nor with fraud must in all respects be observed.

Pacta dant legem contractui

Agreements give law to the contract.

Pacta privata juri publico derogare non possunt

Private contracts cannot restrict (or take away from) public law.

Pacta quae contra leges constitutionesque vel contra bonos mores fount nullam vim habere, indubitati juris est

It is a matter of unquestionable law that contracts against the laws and statutes, or against moral standards, have no force.

Pacta quae turpem causam continent non sunt observanda

Contracts founded upon an immoral consideration are not to be observed.

Pactional

adj. Relating to or generating an agreement. - pactionally, adv.

Pactis privatorum juri publico non derogatur

There is no derogation from public law by private contracts.

Pacto aliquid licitum est quod sine pacto non admittitur

By agreement (or contract) something is permitted that, without agreement, is not allowed. 0 Coke continues, "but not in violation of public law." Co. Litt. 166.

Privatis pactionibus non dubium est non laedi jus caeterorum

There is no doubt that the rights of others (not party to the agreement) cannot be prejudiced by private agreements.

Re, verbis, scripto, consensu, traditione, junctura vestes sumere pacta solent

Compacts usually take their clothing from the thing itself, from words, from writings, from consent, from delivery, from the joining together.

Regulariter non valet pactum de re mea non alienanda

As a rule, a contract not to alienate my property is not binding.

Traditionibus et usucapionibus, non nudis pactis, transferuntur rerum dominia

Rights of property are transferred by delivery and by prescription (founded on lengthy possession), not by naked agreements.

Vulla pactione effici potest ne dolus praestetur

No agreement is sufficient to effect that there be no liability for fraud. Dig. 2.14.27.3.

adverse impact

see disparate impact.

compact

n. An agreement or covenant between two or more parties, esp. between governments or states.

disparate impact

The adverse effect of a facially neutral practice (esp. an employment practice) that nonetheless discriminates against persons because of their race, sex, national origin, age, or disability and that is not justified by business necessity. 0 Discriminatory intent is irrelevant in a disparate-impact claim. - Also termed adverse impact.

environmental-impact statement

Environmental law. A document that the National Environmental Policy Act (42 USCA § 4332(2)(c)) requires a federal agency to produce for a major project or legislative proposal so that better decisions can be made about the positive and negative environmental effects of an undertaking. - Abbr. EIS. - Also termed environmental-impact report (EIR).

exceptio pacti conventi

An exception of compact; an exception or plea that the plaintiff had agreed not to sue.

impact rule

Torts. The common-law requirement that physical contact must have occurred to allow damages for negligent infliction of emotional distress. 0 This rule has been abandoned in most jurisdictions. - Also termed physical-impact rule.

impacted area.

A region that is affected by some event; esp., a region in which the school population increases due to an influx of federal employees who are working on a federal project or activity, but the tax revenue declines due to the U.S. government's immunity from local taxes.

interstate compact

A voluntary agreement between states enacted into law in the participating states upon federal congressional approval. Cf. INTERSTATE AGREEMENT.

nonaggression pact

Int'l law. A treaty in which two or more countries agree not to engage in aggressive military operations against one another. - Also termed nonaggression treaty.

nude pact

See NUDUM PACTUM.

nudum pactum

[Latin "bare agreement"] 1. Roman law. An informal agreement that is not legally enforceable, because it does not fall within the specific classes of agreements that can support a legal action. ( But a pactum could create an exception to or modification of an existing obligation. 2. An agreement that is unenforceable as a contract because it is not "clothed" with consideration. - Also termed naked contract; nude contract; nude pact.

pact de non alienando

. [Latin] Civil law. An agreement not to alienate encumbered (esp. mortgaged) property. ( This stipulation will not void a sale to a third party, but it does allow the mortgagee to proceed directly against the mortgaged property without notice to the purchaser.

pacta sunt servanda

. [Latin "agreements must be kept"] The rule that agreements and stipulations, esp. those contained in treaties, must be observed <the Quebec courts have been faithful to the pacta sunt servanda principle>.

pacte de l'etat civil

See ACTS (1;

pactio

. [Latin] Civil law. 1. The negotiating process that results in a pactum. 2. The pactum arrived at; an agreement.

paction

1. PACTIO. 2. Int'Z law. An agreement between two nations to be performed by a single act.

pactum

[Latin] Roman & civil law. An agreement or convention; a pact. - Also termed pactum conventum.

pactum constitutae pecuniae

[Latin "agreement for a fixed sum of money"] An agreement in which someone promises to payan existing debt of his own or another on a certain date.

pactum de constatuto

. [Latin "an agreement from a contract or compact"] An agreement under which one person will pay another's debt in exchange for which the second person agrees not to sue the first on some claim that has arisen. ( The pactum de constituto was one of the five types of adpromission in Roman law. See ADPROMISSION.

pactum de non petendo

. [Latin "agreement not to sue"] An agreement in which a creditor promises to not enforce the debt.

physical-impact rule

See IMPACT RULE.

second-impact doctrine

See CRASHWORTHINESS DOCTRINE

victim-impact statement

A statement read into the record during sentencing to inform the judge or jury of the financial, physical, and psychological impact of the crime on the victim and the victim's family.