Essentialia negotii
phrase
Essentialia negotii (English: essential aspects or basic terms) is a Latin legal term used in contract law. It denotes the minimum contents of a contract in order for it to be held effective and legally binding.
General contracts
However, the court may not just hold that a contract is invalid. In England, the Sale of Goods Act 1979 s.8(2) states ‘the buyer must pay reasonable price’ when a contract of sale is silent on price. Accordingly the absence of price may not be fatal to a contract of sale.
Accidentalia negotii are additional agreements that can be regulated in a contract. They are ancillary points, opposed to essentialia negotii.
Employment contracts
In contracts of employment, essential terms can include not just pay and a basic job description (the work-wage bargain) but also to specifics on holidays, a notice period in the event of dismissal, the place of work, any collective agreements and whether the job is expected to be permanent or a fixed term contract. These are examples under European Union law, implemented under Directive 91/533 on an employer's obligation to inform employees of the conditions applicable to the contract of employment relationship. Article 2 of the Directive states,
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This entry incorporates text from “Essentialia negotii” on English Wikipedia. Contributors are listed in the page history. Text is available under the Creative Commons Attribution-ShareAlike 4.0 License. Selected authority identifiers and statements are retrieved from Wikidata under CC0; their references and qualifiers remain part of the verification path.