Difference between revisions of "Covenant"
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==Etymology== | ==Etymology== | ||
[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English], from Anglo-French, from present participle of covenir to be fitting, from Latin convenire | [https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English], from Anglo-French, from present participle of covenir to be fitting, from Latin convenire | ||
| − | *Date: [ | + | *Date: [https://en.wikipedia.org/wiki/14th_Century 14th century] |
==Definitions== | ==Definitions== | ||
*1 : a usually [[formal]], [[solemn]], and binding [[agreement]] : compact | *1 : a usually [[formal]], [[solemn]], and binding [[agreement]] : compact | ||
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A covenant is a type of contract in which the covenantor makes a promise to a covenantee to do or not do some action. In real property [[law]], the term real covenants is used for conditions tied to the use of land. A "covenant running with the land", also called a covenant appurtenant, imposes duties or restrictions upon the use of that land regardless of the owner. In contrast, the covenant in gross imposes duties or restrictions on a particular owner. | A covenant is a type of contract in which the covenantor makes a promise to a covenantee to do or not do some action. In real property [[law]], the term real covenants is used for conditions tied to the use of land. A "covenant running with the land", also called a covenant appurtenant, imposes duties or restrictions upon the use of that land regardless of the owner. In contrast, the covenant in gross imposes duties or restrictions on a particular owner. | ||
| − | In a [[historical]] [[context]], a covenant applies to [[formal]] [[promise]]s that were made [ | + | In a [[historical]] [[context]], a covenant applies to [[formal]] [[promise]]s that were made [https://en.wikipedia.org/wiki/Under_oath under oath], or in less remote [[history]], agreements in which the name actually uses the term 'covenant', implying that they were binding for all [[time]]. |
| − | One of the earliest attested covenants between parties is the so-called Mitanni treaty, dating to the 14th or 15th century BC, between the [ | + | One of the earliest attested covenants between parties is the so-called Mitanni treaty, dating to the 14th or 15th century BC, between the [https://en.wikipedia.org/wiki/Hittites Hittites] and the [https://en.wikipedia.org/wiki/Mitanni Mitanni]. |
| − | Historically, certain treaties and compacts have been given the name of covenant, most notably the [ | + | Historically, certain treaties and compacts have been given the name of covenant, most notably the [https://en.wikipedia.org/wiki/Solemn_League_and_Covenant Solemn League and Covenant] that marked the Covenanters, a Protestant political organization important in the history of Scotland. The term 'covenant' appears throughout Scottish, English, and Irish history. |
| − | The term covenant could be used in [[English]] to refer to either the [ | + | The term covenant could be used in [[English]] to refer to either the [https://en.wikipedia.org/wiki/Bundesbrief Bundesbrief] of 1291, or the [https://en.wikipedia.org/wiki/Pfaffenbrief Pfaffenbrief] of 1370, documents which led to the formation of the Swiss state or "[https://en.wikipedia.org/wiki/Eidgenossenschaft Eidgenossenschaft]". In this usage the German "Eid" is being [[translated]] as covenant rather than oath in order to [[reflect]] its [[writing|written]] [[status]]. |
[[Category: Law]] | [[Category: Law]] | ||
Latest revision as of 23:43, 12 December 2020
Etymology
Middle English, from Anglo-French, from present participle of covenir to be fitting, from Latin convenire
- Date: 14th century
Definitions
- 1 : a usually formal, solemn, and binding agreement : compact
- 2 a : a written agreement or promise usually under seal between two or more parties especially for the performance of some action
Description
A covenant, in its most general sense, is a solemn promise to engage in or refrain from a specified action. A covenant is a type of contract in which the covenantor makes a promise to a covenantee to do or not do some action. In real property law, the term real covenants is used for conditions tied to the use of land. A "covenant running with the land", also called a covenant appurtenant, imposes duties or restrictions upon the use of that land regardless of the owner. In contrast, the covenant in gross imposes duties or restrictions on a particular owner.
In a historical context, a covenant applies to formal promises that were made under oath, or in less remote history, agreements in which the name actually uses the term 'covenant', implying that they were binding for all time.
One of the earliest attested covenants between parties is the so-called Mitanni treaty, dating to the 14th or 15th century BC, between the Hittites and the Mitanni.
Historically, certain treaties and compacts have been given the name of covenant, most notably the Solemn League and Covenant that marked the Covenanters, a Protestant political organization important in the history of Scotland. The term 'covenant' appears throughout Scottish, English, and Irish history.
The term covenant could be used in English to refer to either the Bundesbrief of 1291, or the Pfaffenbrief of 1370, documents which led to the formation of the Swiss state or "Eidgenossenschaft". In this usage the German "Eid" is being translated as covenant rather than oath in order to reflect its written status.
