PACTA TERTIIS NEC NOCENT NEC PROSUNT

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

PACTA TERTIIS NEC NOCENT NEC PROSUNT

Tanmoy Mukherjee

Advocate

Pacta Tertiis Nec Nocent Nec Prosunt means- Agreements neither harm nor benefit third parties.

-A contract binds only the parties to it, not any third person.

-It neither confers rights nor imposes obligations on those who are not parties to the contract.

-This is the foundation of the Doctrine of Privity of Contract.

Principle-

Relevance in International Law-

Vienna Convention on the Law of Treaties (1969)-

Article 34-

A treaty does not create rights or obligation for a third State without its consent.

Reference Cases-

Exceptions-

Practical Application-

→ No obligations on third parties.

→No rights to third parties.

→No alteration of third party rights.

→Contract remedies limited to parties.

Autonomy of Will-

A binding obligation arises from consent, no consent = no obligation.

Natural justice -

Binding a non-party would violate fairness.

Stability & Predictability-

Law only binds those who voluntarily participate.

Protection of freedom-

Individuals & State must be free from external burdens created without their involvement.