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Convention

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

In Romanlaw. An agreement between parties; a pact. A convention was a mutual engagement between two persons, possessing all the subjective requisites of a contract, but which did not give rise to an action, nor receive the sanction of the law, as bearing an “obligation,” until the objective requisite of a solemn ceremonial, (such as stipudatio) was supplied. In other words, convention was the informal agreement of the parties, which formed the basis of a contract, and which became a contract when the external formalities were superimposed. See Maine, Auc. Law, 313. “he division of conventions into contracts and pacts was important in the Roman law. ‘The former were such conventions as already, by the older civil law, founded an obligation and action; all the othsr conventions were termed ‘ pacts.’ These generally did not produce an actionable obligation. Actionability was subsequently given to several pacts, whereby they received the same power sand éfiicacy that contracts received.”

Mackeld, Kom, Law, § $96.

In English law

An extraordinary assenibly of the houses of lords and commons, without the assent or suimmons of the sovereign. Iteun only be justified ex necessitate rei, a8 the parliament which restored Charles L,, and that which disposed of the crown and kingdom to Wiilitm and Mary. Wharton. Also the name of an old writ that lay for the breuch of a covenant. In legislation. An assembly of delegates or representatives chosen by the people for special and extraordinary legislative purposes, such as the framing or revision of a ' state constitution. Also an assembly of detleritory, to nominate candidates for an ap. proaching election.