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The young man knows the rules, but the old man knows the exceptions.
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Legal Definitions - sponsion
Definition of sponsion
Sponsion refers to a formal pledge or promise, often made to guarantee an obligation or action, or an unauthorized promise made by an official that requires higher approval.
The term has a few distinct meanings:
- A Formal Pledge of Guarantee: In its primary sense, sponsion describes a formal promise where an individual takes responsibility for another person's debt, performance, or appearance. The person making the sponsion becomes a "surety," essentially guaranteeing that the other party will fulfill their commitment.
- Example 1: A parent wants to help their adult child secure an apartment lease, but the child has no credit history. The landlord requires a guarantor. The parent formally signs a document, making a sponsion to the landlord, pledging to cover the rent if their child fails to pay.
- Explanation: The parent's formal pledge is a sponsion because they are acting as a surety, guaranteeing their child's financial obligation to the landlord. This promise provides the landlord with an assurance that the rent will be paid.
- Example 1: A parent wants to help their adult child secure an apartment lease, but the child has no credit history. The landlord requires a guarantor. The parent formally signs a document, making a sponsion to the landlord, pledging to cover the rent if their child fails to pay.
- An Unauthorized Promise by an Official (International Law): In international law, sponsion refers to a promise or agreement made by an official agent (such as a diplomat, ambassador, or military commander) that exceeds their authorized powers. Such a promise is not immediately binding and requires subsequent approval, or "ratification," by their superior authority or government to become legally valid.
- Example 2: During a ceasefire negotiation, a military general, eager to end hostilities, agrees to a specific troop withdrawal timeline that was not approved by the national defense ministry. This agreement is made without the explicit authorization of the head of state or the defense minister.
- Explanation: The general's agreement constitutes a sponsion because it is a promise made by an official agent that goes beyond their delegated authority. For this troop withdrawal timeline to become legally binding, it would require formal ratification and approval from the higher governmental authority, such as the defense ministry or the head of state.
- Example 2: During a ceasefire negotiation, a military general, eager to end hostilities, agrees to a specific troop withdrawal timeline that was not approved by the national defense ministry. This agreement is made without the explicit authorization of the head of state or the defense minister.
- A Roman Law Guarantee: Historically, in Roman law, sponsion also referred to a specific type of guarantee that was attached to an oral contract, available only to Roman citizens.
Simple Definition
Sponsion refers to a formal pledge where a person becomes a surety, guaranteeing another's obligation. In international law, it specifically describes an unauthorized promise made by an official agent that requires subsequent ratification by their principal to become legally binding.