Legal Definitions - adherence

In legal terms, "adherence" refers to two distinct concepts, depending on the context.

• Firstly, it describes the act of formally agreeing to and becoming bound by the terms of an existing treaty, agreement, or convention. When a party demonstrates adherence, they are committing to uphold the obligations and principles outlined in that document.

• Secondly, specifically within Scots law, "adherence" refers to the legal duty of spouses to live together and maintain a shared matrimonial home.

Examples of Adherence:

• International Treaty Adherence:

  Imagine a new international convention is established to protect endangered marine species. After several years of negotiation, the government of Country A formally signs and ratifies this convention, submitting all necessary legal documents to the international body. This action signifies Country A's adherence to the treaty, meaning it is now legally bound by its provisions and committed to implementing measures to protect marine life within its jurisdiction and beyond.

• Business Agreement Adherence:

  A group of major electronics manufacturers creates a standardized protocol for wireless charging technology, allowing devices from different brands to be compatible. A smaller, independent accessory maker initially uses its own proprietary system but later decides to adopt the industry standard. By signing the agreement and modifying its products to comply, the accessory maker demonstrates its adherence to the new protocol, benefiting from wider market compatibility and committing to its technical specifications.

• Scots Law - Marital Adherence:

  In Scotland, if a spouse leaves the marital home without a legally recognized reason, the other spouse might historically have been able to seek a court order for adherence. For instance, if Mr. Campbell moved out of the family home in Edinburgh without justification, Mrs. Campbell could, in certain circumstances, petition the court to enforce his duty of adherence, compelling him to return and resume cohabitation. While modern family law often prioritizes individual autonomy and the concept of "adherence" in this sense is less frequently enforced by courts today, it remains a foundational principle within Scots matrimonial law regarding the mutual duties of spouses.