Res inter alios acta
Res inter alios acta ( Latin for things, done between third parties) is a principle of Roman contract doctrine in jurisprudence , according to which the actions of others are not decisive in a legal relationship between two contracting parties. Third parties can neither oblige nor authorize the parties. This principle later became generally applicable in all areas of law and is ultimately the result of the methodology of relative legal relationships in both civil and public law.
In procedural terms, this principle is represented by the prohibition of evidence about the actions of others. Res inter alios acta therefore often only means the prohibition of evidence as a term .
In modern legal theory, however, this legal principle has been restricted unilaterally in such a way that a third-party obligation is still not possible or is only possible on a sovereign basis, but authorization is permissible. According to this, the contract at the expense of third parties is not permitted . The contract forms of the contract in favor of third parties and the contract with protective effect in favor of third parties enjoy legal protection within the framework of § 328 BGB .
Modification: Socii mei socius (non est socius meus) - The partner of my partner (is not my partner).
international law
In international relations, this legal principle is important under the aspect of the principle of sovereignty . From this it follows first of all that all subjects of international law are equal and have no greater rights or obligations among them than others. However, essential parts of international law are based on a long continuity of practice for legal reasons and have condensed into customary international law. This can arise in particular or in general (universal). It is therefore problematic to what extent the actions of a majority can bind individual subjects ( universal international law ) if they have not been involved, and what happens when such principles are considered so important that they should be contractually unalterable ( ius cogens ).
