The pope on his side grants the temporal sovereign certain rights, such as that of making or controlling the appointment of dignitaries; engages to proceed in harmony with the government in the creation of dioceses or parishes; and regularizes the situation produced by the usurpation of church property &c. The great advantage of concordats - indeed their principal utility - consists in transforming necessarily unequal unilateral claims into contractual obligations analogous to those which result from an international convention.
The shades which distinguish these three forms are not without significance, but they in no way detract from the contractual character of concordats.
They have thus upheld the true contractual nature of concordats and the mutual juridical obligation which results from them.
(4) The enforcement of contractual promises has long been abandoned by the courts Christian themselves.
Even if the origin was a compact or contract, after the "United States" were formed by a "constitutional act" there no longer existed a mere contractual relation: there existed a state to which all were subject, and which all must obey (von Stengel, Staatenbund and Bundesstaat; Jahrbuch fiir Gesetzgebung, 1898, p. 754; Cooley, Principles of Constitutional Law, pp. 21, 102).
- Capacity to refer depends on the general law of contractual capacity.
Other cases of regulation by treaty are certain contractual engagements which have been entered into by states for the preservation of the status quo of other states and territories.
Differing from these general acts in not being contractual is the Monroe doctrine, which is a policy of ensuring the maintenance of the territorial status quo as regards non-American powers throughout the American continent.
A third contractual method of avoiding conflicts of interest has been the signing of agreements for the maintenance of the " open-door."
From the point of view of diminishing the possible causes of conflict among nations, the adoption of this principle as one of international contractual obligation would be of great utility.
In the fourth place, there is the self-denying ordinance against employment of arms for the enforcement of contractual obligations adopted at the Hague Conference of 1907.
Under it the high contracting powers have agreed not to have recourse to armed force for the recovery of contractual debts claimed from the government of one country by the government of another country as due to its subjects.
Disarmament, or to speak more correctly, the contractual limitation of armaments, has become, of late years, as much an economic as a humanitarian peace-securing object.
The only existing case of contractual reduction of armaments is, that of the Disarmament Agreement of the 28th of May 1902 between the Chilian and Argentine republics, adopted " owing to the initiative and good offices of His Britannic Majesty," which is as follows: Art.
In a word, the time of commercial, contractual, cash intercourse was coming fast.
If we now turn to the actual stages by which this momentous passage from the manorial to the commercial arrangement was achieved, we have to notice first of all a rapid development of contractual relations.
The difficulty of defining the relations between the protected and the protecting states is greater, because a protectorate may imply a condition of transition: a contractual or limited relation of state to state, more or less rapidly changing into true union.