Covenant
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- This article is about legal and historical covenants. See Covenant (disambiguation) for other meanings.
Covenant, in its most general sense, is a word for a solemn promise or similar undertaking.
The covenant is an important concept in Jewish and Christian thinking, derived in the first instance from the biblical covenant tradition.
Historical Covenants
Historically, certain treaties and compacts have been given the name of covenant, most notably the Solemn League and Covenant that marked the Covenanters, a Protestant political organization important in the history of Scotland. Other covenants appear in Scottish, English and Irish history.
The term covenant could be used in English to refer to either the Bundesbrief of 1291, or the Pfaffenbrief of 1370, documents which led to the formation of the Swiss state or "Eidgenossenschaft". In this usage the German "Eid" is being translated as covenant rather than oath in order to reflect its written status.
Other important documents that have been given the name 'covenant' include the International Covenant on Civil and Political Rights and the Palestinian National Covenant.
Legal Covenants
Under the common law a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration.
In contemporary practice in the USA, a covenant typically refers to restrictions set on contracts like deeds of sale. "Covenants, Conditions, and Restrictions," abbreviated "CC&Rs," is a common term for covenants attached to a contract of sale for a house, condominium, or cooperative, particularly in the tens of millions of American homes governed by a Homeowners' Association (HOA) or condominium association.
In the 1920s and 1930s, covenants that restricted the sale of property on the basis of race, ethnicity, and religion were common throughout the USA, particularly in the North. These were invalidated by the US Supreme Court by Lee vs. Hansberry in 1940. The playwright Lorraine Hansberry wrote the play A Raisin in the Sun based on her father's experience as lead plaintiff in that case.Template:Law-stub Template:Religion-stub