PACTUM

Latin: In the civil law. A pact. An agreement or convention without specific name, and without consideration, which, however, might, in its nature, produce a civil obligation. Heinecc Elem. lib. 3, tit. 14, S 775. In Roman law. With some exceptions, those agreements that the law does not directly enforce, but which it recognizes only as a valid ground of defense, were called “pacta.” Those agreements that are enforced, in other words, are supported by actions, are called “contractus.” The exceptions are few, and belong to a late period. Hunter, Rom. Law, 546. Nudum pactum. A bare or naked pact or agreement; a promise or undertaking made without any consideration for it, and therefore not enforceable. Pactum constitutes pecuniae. In the civil law. An, agreement by which a person appointed to his creditor a certain day or a certain time at which he promised to pay; or an agreement by which a person promises to pay a creditor. Wharton. Pactum de non alienando. A pact or agreement binding the owner of property not to alienate it, intended to protect the interests of another; particularly an agreement by the mortgage of real estate that he will not transfer the title to a third person until after satisfaction of the mortgage. See Mackeld. Rom. Law,