Pactum
Pact
A pactum is a Latin term for a binding agreement or arrangement between parties in law.
In Dutch law, which has been strongly influenced by Roman law, the term pactum denotes a mutual obligation that the parties voluntarily assume. The concept underscores the consensus and binding force of the arrangement, without the necessity of formalities such as a notarial deed.
The notion is pertinent in contract law, as it forms the basis for the validity of agreements. In practice, the term is used primarily in international or academic contexts to refer to a pact or preliminary agreement, such as a pactum de contrahendo.
Lawyers invoke the concept to emphasise the parties’ intentions in disputes concerning performance or termination.
“The parties concluded a pactum to establish the exclusive distribution rights for the next five years.”
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