0

What is meant by the term "Foreign sovereign"?

It relates to the contract act.

1
  • 1
    Which jurasdiction? Jun 14, 2021 at 8:11

1 Answer 1

1

What is meant by the term "Foreign sovereign"?

The definition of foreign includes:

  • Of [or] from ... of a country ... other than one's own.

And one definition of sovereign is:

  • A supreme ruler, especially a monarch.

Based on the OP's profile picture, I assume that this question relates to the Indian Contract Act 1872 which, at s.11, states:

Who are competent to contract.—Every person is competent to contract who is of the age of majority according to the law to which he is subject,1 and who is of sound mind and is not disqualified from contracting by any law to which he is subject. —Every person is competent to contract who is of the age of majority according to the law to which he is subject,1 and who is of sound mind and is not disqualified from contracting by any law to which he is subject."

There is, as far as I can see, no mention of a "Foreign Sovereign" within the Act, but this commentary on the capacity to contract says:

According to the contract act, the following are said to disqualify from entering into any contract:-

...

(b) Foreign Sovereign ...

This commentary is corroborated by Wikipedia:

There are other laws of the land that disqualify certain persons from contracting. They are:-

...

  • Foreign sovereigns, diplomatic staff etc. ...

However, I am unable to locate these "other laws", but taking into account the age of the Act, and the status of India at the time it was written, it is possible that Foreign Sovereign could be interpreted by the relevant court to include a Head of State

4
  • 2
    I think it more likely means the country itself, rather than the monarch or head of state as a person. So the Federal Republic of Germany could not enter a contract under this act, but Frank-Walter Steinmeier, acting as a private person, could presumably do so. Jun 14, 2021 at 16:22
  • Often the term "foreign sovereign" would be given the broader meaning of any foreign government.
    – ohwilleke
    Jun 14, 2021 at 17:58
  • @Nate Eldredge Quite possibly, but Wikipedia's use of "diplomatic staff etc" tends to suggest people as well. Although it's not always an entirely reliable source.
    – user35069
    Jun 15, 2021 at 11:16
  • I would not trust that commentary. It says that no foreigner can enter into contracts in India because of the exclusion of "alien enemies" under the law. Since most aliens are not alien enemies, one suspects that the author of the commentary is not actually well versed in the subject.
    – phoog
    Jan 25, 2023 at 10:05

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .