Foreign Sovereigns and Ambassadors
Foreign Sovereigns and Ambassadors are given certain advantages as per the Vienna Convention. They cannot enter into contracts as they are free from civil liability, which is created by the law of the residential country. Due to this reason, individuals cannot enter into a contract with Foreign Sovereigns and Ambassadors because there is no legal remedy available against them. Any Foreign Sovereigns and Ambassadors will not be able to be sued in Indian courts if they have given their consent to surrender to our jurisdiction. Foreign Sovereigns and Ambassadors could agree and execute in Indian courts, but they cannot be brought to trial in Indian courts except with the permission of the Central Government. The provisions stated in the case of Engelke vs. Musmann laid down certain situations where the Central Government might provide authority to sue Foreign Sovereigns and Ambassadors:
- When Foreign Sovereigns and Ambassadors have filed a lawsuit against the one who wants to sue them.
- When the Foreign Sovereigns and Ambassadors have explicitly or implicitly relinquished the privileges.
- When Foreign Sovereigns and Ambassadors conduct trade under the court’s jurisdiction, he is to be prosecuted for such trade.
Disqualified Persons under Law: Meaning and Disqualifications
Understanding the concept of Capacity to Contract is important for all the parties to a contract to make informed decisions and protect themselves from any loss or damages due to the consequences that might occur by contracting with a party who is not in the capacity to enter a contract. To make a valid contract, the competency of parties to a contract is an important requirement and the contract will only be enforceable in a court of law if the parties to the contract are legally competent to enter a contract. In the business world, important considerations are given to understand the capacity aspect of parties while entering into a contract to safeguard their interests.
Geeky Takeaways:
- The competency of the parties is one of the most essential elements to make a valid contract.
- The capacity to contract is the legal ability of an individual to enter into a contract.
- The parties must be competent and fulfill the required criteria before signing a contract.
- Apart from contractual capacity, contracts must also include an offer, consideration, legality, lawful intent, and acceptance.
Table of Content
- Capacity to Contract
- Disqualified Persons under Law
- 1. Alien Enemies
- 2. Foreign Sovereigns and Ambassadors
- 3. Convict
- 4. Married Women
- 5. Insolvent
- 6. Joint Stock Company and Corporation Incorporated Under a Special Act
- Conclusion
- Frequently Asked Questions (FAQs)