PACT

A bargain; compact; agreement. This word Is used in writings on Roman law and on general jurisprudence as the English form of the Latin “pactum,” (which see.) Nude pact. A translation of the Latin “nudum pactum” a bare or naked pact, that is, a promise or agreement made without any consideration on the other side, which is therefore not enforceable. Pact de non alienan do. An agreement not to alienate incumbered (particularly mortgaged) property. This stipulation, sometimes found in mortgages made in Louisiana, and derived from the Spanish law, binds the mortgagor not to sell or incumber the mortgaged premises to the prejudice of the mortgagee; it does not avoid a sale made to a third person, but enables the mortgagee to proceed directly against the mortgaged property in a proceeding against the mortgagor alone and without notice to the purchaser. See Dodds v. Lanaux, 45 La. Ana. 287, 12 South. 345. Paota oonventa quae neque contra leges neque dolo malo inita sunt omni modo observanda sunt. Agreements which are not contrary to the laws nor entered into with a fraudulent design are in all respects to be observed. Cod. 2, 3, 39; Broom, Max. 698, 732. Pacta dant legem contractu!. Hob. 118. The stipulations of parties constitute the law of the contract. Pacta privata juri publico derogare non possiint. 7 Coke, 23. Private compacts cannot derogate from public right Pacta quae contra leges constitutio nesque, vel contra bonos mores fiunt, nullam vim habere, indubitati juris est. That contracts which are made against law or against good morals have no force is a principle of undoubted law. Cod. 2, 3, 6. Pacta quae tnrpem cansam continent non sunt observanda. Agreements founded upon an immoral consideration are not to be observed. Dig. 2, 14, 27, 4; Broom, Max. 732.