Pactos / Pacts (DCH)
 

No. 2025-05

English Abstract: 

This article examines pacts from a canon law perspective in Spanish America and the Philippines between the 16th and 18th centuries, focusing on the influence of moral theology. It emphasizes the centrality of consent, the lawfulness of the object, and equity in the exchange as essential requirements. The study analyzes how pacts were adapted to local contexts, giving differential treatment to Indigenous people, women, and minors, whose conditions influenced their capacity to make a pact and the validity of those agreements. From the perspective of ius commune, the article explores the forms, characteristics, and typologies of pacts, as well as the legal restrictions placed on certain subjects, including clerics and enslaved persons. It also examines their modes of improvement and supplementary clauses. Finally, this entry explores dimensions of pacts beyond the law, particularly divine covenants and demonic deals.