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covenant

 
Dictionary: cov·e·nant   (kŭv'ə-nənt) pronunciation
n.
  1. A binding agreement; a compact. See synonyms at bargain.
  2. Law.
    1. A formal sealed agreement or contract.
    2. A suit to recover damages for violation of such a contract.
  3. In the Bible, God's promise to the human race.

v., -nant·ed, -nant·ing, -nants.

v.tr.

To promise by or as if by a covenant.

v.intr.

To enter into a covenant.

[Middle English, from Old French, from present participle of convenir, to agree. See convene.]

covenantal cov'e·nant'al (-năn'tl) adj.
covenantally cov'e·nant'al·ly adv.

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Investment Dictionary: Covenant
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A promise in an indenture, or any other formal debt agreement, that certain activities will or will not be carried out.

Investopedia Says:
The purpose of a covenant is to give the lender more security. Covenants can cover everything from minimum dividend payments to levels that must be maintained in working capital.

Related Links:
By recognizing key phrases such as "material adverse effect", investors can pick up on the red flags found in legal boilerplate. Red Flag Phrases: "Material Adverse Effect"
Understanding how this measure works in the market can help keep your finances afloat. Diving In To Financial Liquidity


Banking Dictionary: Covenant
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1. Language in a loan agreement by which the borrower pledges to do certain things and refrain from others. An affirmative covenant may require the borrower to maintain adequate property insurance, make timely loan payments, and provide audited financial statements. A negative covenant (also called a restrictive covenant) prohibits the borrower from selling or transferring assets, defaulting, or taking specific actions that would diminish the value of the collateral or impair the value of the lender's ability to collect the loan. Failure to perform as agreed might cause the lender to accelerate the loan, or call (demand full payment of) the loan.

2. Enforceable clause in a bond contract protecting the interests of bondholders. There are various kinds of bond covenants: an agreement to charge sufficient fees, common in municipal bonds, to produce the required revenue (a rate covenant); an agreement not to sell or encumber the project (a negative covenant); an agreement to maintain adequate insurance and debt service (a protective covenant).

Promise written into Deeds and other instruments agreeing to performance or nonperformance of certain acts, or requiring or preventing certain uses of the property.
Example: Deed covenants are often used to:

• maintain a land parcel in a specified use such as residential

• enforce architectural and design standards

• control the Density of future development

• prohibit certain practices, such as the sale of liquor

Thesaurus: covenant
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noun

  1. A legally binding arrangement between parties: agreement, bond, compact, contract, convention, pact. See agree/disagree.
  2. An agreement, especially one involving a sale or exchange: bargain, compact, contract, deal, transaction. See agree/disagree.
  3. A declaration that one will or will not do a certain thing: assurance, engagement, guarantee, guaranty, pledge, plight, promise, solemn word, vow, warrant, word, word of honor. See obligation.

verb

  1. To enter into a formal agreement: bargain, contract. See agree/disagree.
  2. To guarantee by a solemn promise: pledge, plight, promise, swear, vow. Idioms: give one's word of honor. See agree/disagree, obligation.

Antonyms: covenant
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n

Definition: pact, promise
Antonyms: disagreement

v

Definition: agree
Antonyms: break, disagree


Political Dictionary: covenant
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An undertaking about a future action or other performance understood to be binding on the person giving it. A covenant shares certain features with a promise, but the two have been distinguished in various ways. Covenants were legally enforceable when bare promises were not. Thomas Hobbes denied that a mere promise created a (moral) obligation, but argued that a covenant (in certain circumstances) did. For Hobbes, a covenant involved the promise of future performance given in return for a benefit either received or expected, whereas a promise was a simple statement about the will of the promissor. In Hobbes's writings, and more generally, an especially important covenant involved a promise of obedience or allegiance sufficient to ground a political obligation: his version of the social contract which creates the state was a covenant of every man with every other man to relinquish rights of self-government in favour of the sovereign. This was more than a mere promise, because each man received the benefit of the undertakings given by others.

— Andrew Reeve


In the Hebrew scriptures, an agreement or treaty among peoples or nations, but most memorably the promises that God extended to humankind (e.g., the promise to Noah never again to destroy the earth by flood or the promise to Abraham that his descendants would multiply and inherit the land of Israel). God's revelation of the law to Moses on Mount Sinai created a pact between God and Israel known as the Sinai covenant. In Christianity, Jesus' death established a new covenant between God and humanity. Islam holds that the Last Covenant was between God and the Prophet Muhammad.

For more information on covenant, visit Britannica.com.


(Heb. berit). An agreement or contract between two parties. The etymology of the Hebrew berit is unclear. Some have suggested that the word is related to the root meaning "to cut," while others have suggested a connection to a root meaning "to eat" on the basis of the common practice of marking a covenant with a ceremonial meal. The predominant view, however, relates berit to the Akkadian biritu, "fetter," conveying the sense of binding---a berit being an arrangement that binds two sides together.

The Bible records numerous covenants. In Genesis 6:18, God, after telling Noah of His intent to destroy all life, informs him that he will be granted a covenant and be saved by means of the ark he has constructed. After the Flood, God again invokes a covenant (although it is not clear if this is the same covenant or a new one) in which He obligates Himself never again to destroy all of life by flood (Gen. 9:8). Covenants are also common between individuals in the Bible (e.g., Gen. 21:28; Josh. 9:15, etc.).

Establishment of a covenant was usually marked by a ceremonial act. For instance, Genesis 26:26-33 tells of a covenant being accompanied by a meal as well as an oath; Jeremiah 34:18 refers to passing between the "halves" of a calf cloven in two (see below). Another common feature of covenants in the Bible is the designation of an ot or symbol of the covenant, such as the rainbow of Genesis 9:13 or the monument of stones erected by Jacob and Laban (Gen. 31:51). The covenants of the Bible resemble other legal documents of the Ancient Near East.

Three covenants recounted in the Bible have figured significantly in subsequent Jewish history. They are the covenant between the pieces, the covenant of Circumcision, and the Sinaitic covenant.

The covenant between the pieces (Gen. 15:7-21) In response to Abraham's query as to how he will know for certain that he is to inherit the Land of Canaan<, God instructs him to take a number of animals and cut them in half. Abraham arranges the halves opposite one another. God promises Abraham the land between "the river of Egypt to the great river Euphrates," informing him that his right to the land will not be realized until his descendants have undergone an extended exile. A "flaming torch" (symbolically representing God) then passes between the animal parts.

Based upon this passage and Jeremiah 34:18 (see above), it seems clear that a common way of enacting a covenant was for both parties to pass through the halves of slaughtered animals. The meaning of this was probably something akin to a curse being laid upon anyone violating the agreement---that he suffer the same fate as the animals between whose parts he has passed. This method of finalizing an agreement explains the Hebrew terminology "to cut a covenant" (li-kherot berit). Traditional sources view the covenant between the pieces as a legally binding commitment by God to grant perpetual ownership of the Land of Canaan, subsequently Erets Israel, to Abraham's progeny.

The covenant of circumcision (Gen. 17) The Bible recounts the appearance of God to Abraham, when the latter is 99 years old. God promises to grant Abraham a covenant and reiterates various other promises. He commands Abraham to circumcise all male descendants and slaves, explaining that this will be the ot---symbol---of the covenant. Abraham obeys, circumcising himself, his slaves, and his 13-year-old son Ishmael. Subsequently, every newborn male child is to be circumcised at the age of eight days.

The Sinaitic covenant (Ex. 19-24) This covenant is generally understood to be a renewal and expansion of Abraham's covenant with God. Some three months after the Exodus from Egypt, the children of Israel arrive at Mount Sinai. Moses ascends the mountain and returns with a decree from God to establish a covenant according to which the children of Israel will obey God and thus be considered unique among the peoples, a holy nation and a kingdom of priests. The people agree and there follows a great theophany during which the entire people experiences God. The content of this theophany is the Decalogue (the Ten Commandments). With the conclusion of the Decalogue, the people, fearful and overwhelmed by the experience of the Deity, demand that Moses henceforth serve as mediator. There follows a large body of additional legislation, which Moses records and submits to the people for final confirmation. When the people declare their approval, Moses sprinkles the blood of sacrifices upon them: "Behold, this is the blood of the covenant, which the Lord hath made with you in agreement with all these words" (Ex. 24:8). Moses and the elders then partake of a ceremonial meal.

The Sinaitic covenant between man and Deity is the biblical covenant par excellence. It contains all the trappings of a legal act. The text emphasizes the voluntary nature of this covenant. Prior to the theophany and subsequent to the additional legislation, the children of Israel are required to voice their consent. The covenant is marked by ceremonial acts---the bringing of sacrifices, the sprinkling of their blood upon the people, the meal consumed by Moses and the elders---evidently to finalize the agreement. After the covenant is finalized, Moses is invited to ascend the mountain to receive the "tablets of stone," subsequently known as the tablets of the covenant.

While recent research has shown significant parallels between Ancient Near Eastern treaties and the Sinaitic covenant, the idea of a covenant or treaty between the Deity and an entire people is unique to the Israelite religion and central to its development. Fundamentals of the Israelite religion such as the liberation from myth, the personal relationship with God, revelation, and the kingship of God are all rooted in the notion of covenant. Throughout the Bible, the covenant functions as the legal basis of the relationship between God and the people with whom He has contracted. Thus the prophets reprove the people using the formulations of a law suit (see for example Hos. 4:1) in which God calls heaven and earth to witness (Isa. 1:2 et. al).

The uniqueness of the covenant resides less in the content of its laws than in the revelation of those laws by the Deity. Law promulgated in the covenant is not the fiat of a particular ruler or the wisdom of sages but the command of God. The belief in God's revelation to an entire people rather than to one particular visionary or priest was also unprecedented. Since the laws of the Torah were given to the entire nation, the nation as a whole became responsible for their observance. The covenant related not only to cultic considerations but to moral ones as well. Thus, not only worship and cult but morality and the functioning of society become expressions of the Divine will. Moral law is no longer secular but religious.

The notion of covenant remained central in all subsequent Jewish thought. If the Exodus was traditionally perceived as the central motif of Judaism, the covenant was viewed as its central mechanism. The Exodus was understood theologically to offer an alternate view of reality; one based not on the principle of power as expressed in Egyptian slavery but rather on the premise of a concerned and benevolent Creator who intervenes in history and guarantees its ultimate redemption. In the covenant, God is seen as calling upon the Jewish people to be loyal to Him and live according to the principles of the Exodus. Contemporary Jewish theologians continue to view the idea of a covenant between the Jewish people and God as a relevant and fundamental principle of Jewish doctrine. Thus, Joseph Dov Soloveichik distinguishes between two covenants: the covenant of "Egypt," or fate, which binds all Jews to their shared history, suffering, and responsibility; and the covenant of "Sinai," which is a covenant of destiny in which the Jew realizes his "historic being" through Halakhah. The Reform thinker Eugene Borowitz allows for revisons of the covenant by each generation on condition that they are appropriate to the situation and remain true to the basic nature of the covenant.


The Religion Book: Covenant
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"Covenant" means "contract" or "promise."

In Judeo-Christian tradition, a covenant usually takes the form of God agreeing to do something provided the people play by the rules. The Hebrew patriarchs of the Old Testament, just like the inhabitants of Canaan with whom they lived, had pragmatic theologies. To them, "God" was not an abstract philosophical idea. Their approach was simple: their religions had to work, or they shopped elsewhere.

By way of illustration, Yahweh of the Hebrews was the warrior God who led them out of captivity by conquering the Egyptians. As long as they needed his help defeating the Canaanites they agreed to put him first, to "have no other gods before [him]." But when they settled in the Promised Land and needed fertile ground and good crops, they had no qualms about worshiping Baal and Astarte, the agricultural specialists.

With the advent of Christianity, theologians needed to explain why the God of the New Testament was so different from the God of the Old Testament, even though he was supposedly the same God, "who changest not." Soon after the Protestant Reformation, "covenant theology" was employed to formulate a systematic way to describe history as a series of developing, evolving covenants between God and the human race. The sixteenth-century reformers recognized two great covenants. The Old Covenant (Testament) is called the Covenant of Works. The New Covenant (Testament) has been named the Covenant of Grace. Under the first covenant, the provisions called for obeying the law to earn favor with God. Sabbath was celebrated on the seventh day, a well-earned rest after the labors of the long week of labor, following the commands of the law. But under the new covenant, God's grace comes first, an undeserved gift. Hence, worship was done on the first day of the week, after which the rest of the week was spent laboring to say "thank you" to God for the gift of grace already given, unearned but gratefully accepted. In this view, God's eternal covenant with Jesus Christ is fulfilled before the creation of the world, while all of human history is simply playing out the drama to its predestined conclusion.

But since the Reformation, some theologians have further refined the system by identifying in scripture a progressive, cumulative series of promises. Each was given when the human race was ready for it. Numerous covenants can be found in the Bible; below are several of the most significant.

The Covenant with Adam, part 1 (Genesis 2:17): The terms were simple. God instructed Adam and Eve not to eat a certain fruit, or they would die. (Adam ate the fruit, and "in Adam's fall, we sinned all," as the saying goes.)

The Covenant with Adam, part 2 (Genesis 3:15): Children of Adam and Eve were going to be constantly "at enmity" with Satan. (In many religious traditions, such enmity is continually emphasized.)

The Covenant with Noah (Genesis 9:1-17): This promise came with the sign of the rainbow. God said it was a reminder that "I will never again destroy the earth with a flood. Be fruitful and multiply." (God didn't destroy Earth again, and humans were fruitful and multiplied.)

The Covenant with Abraham (Genesis 12:1-3): God said to Abraham, the father of three world religions, "Leave here and go to Canaan. I will bless your descendants and curse your enemies." (Abraham kept his part of the bargain. Some would argue that both descendants and enemies received both blessing and curses.)

The Covenant with Moses (Exodus 19:5): "Obey the Commandments and you will be a 'holy people.' (The Israelites fudged on this one from time to time but are still known as "God's chosen people.")

The Palestinian Covenant (Deuteronomy 30:3): The covenant is here quoted exactly because it is causing tremendous political, personal, and national problems in our day.

When all these blessings and curses I have set before you come upon you and you take them to heart wherever the Lord your God disperses you among the nations, and when you return to the Lord your God and obey him with all your heart and with all your soul according to everything I command you this day, then the Lord your God will restore your fortunes and have compassion on you and gather you again from all the nations where he has scattered you.

(This one is rather uncanny. Because many Jews believe it has come to pass exactly as promised over the last two thousand years, it provides justification for them to claim Israel as the fulfillment of God's promise. It also gives American conservative Christians and Jews justification for a government policy endorsing Israel over the Palestinians and converts a political land battle into a holy war. Meanwhile, the Palestinians, who live there too, wonder why they should be bound by the promise of someone else's God.

The Covenant with David (2 Samuel 7:12-16): God tells David, "I will make your name great, like the names of the greatest men on earth. And I will provide a place for my people Israel and will plant them so that they can have a home of their own and no longer be disturbed." (Well, the first provision was certainly fulfilled, as David's songs are widely read. And, although it took a long time, Israel has certainly been "planted." But the part about not being disturbed? Well, the Palestinians claim some promises, too.)

The "New Covenant" (Jeremiah 31:31-37): God says, "I will make a new covenant with the house of Israel.… I will put my law in their minds and write it on their hearts," instead of on tablets of stone. (The Christian Church claims to be the recipient of this promise, calling itself "the new Israel.")

Sources: Bucke, Emory Stevens et al, eds. The Interpreter’s Dictionary of the Bible. 4 vols. New York: Abingdon Press, 1962. Scofield Reference Bible. Grand Rapids, MI: Zondervan Publishing. 1971.


Bible Guide: Covenant
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Many of Israel's religious ideas are expressed in the terminology of human society and politics. Thus God is thought of as "Father," or as a "King," who gives "laws". One of the most original, pervasive and fruitful of these metaphors from human society is the idea that between God and man there is a covenant, that is, an explicit sworn agreement defining the terms of their relation. Very prominent in the Hebrew Scriptures, "covenant," also gives its name to the two parts of the Christian Bible, the "Old Covenant," and the "New Covenant." Rediscovery of the ancient political world in which Israel lived has set in motion an active restudy of biblical covenant ideas which has clarified and vivified the faded religious metaphor. Three points now seem fundamental. (a) The Bible presents no single unified covenant idea, but rather two principal – and almost converse-conceptions. One, the covenant of obligation is binding only upon the human partner; the other, the covenant of grant binds God to carry out a solemn promise. (b) These ideas are related to different types of ancient political instruments: the first to the treaty between a great king and a subordinate king, and the second to the royal grant. (c) The conception of a religious covenant changed with the progressive modification of political forms.

At one pole is the covenant of obligation. On the basis of previous acts of salvation, and without undertaking any specific obligations himself, God binds the people to abide by certain stipulations. If obedient, they will experience rich blessings, but if they are unfaithful, they will bring on themselves calamitous curses. More than a mere idea, this covenant was at times a social and political reality of powerful unifying force, since it bound the individuals and tribes of Israel together in allegiance to a common God and observance of fundamental social obligations to one another, such as respect for property, life and justice.

The secular model for this conception of covenant has emerged from the study of ancient treaties, after recovery of political archives of the Hittites. The Hittite treaties, dating from a time shortly before the emergence of the nation of Israel (Late Bronze Age), represent only one branch of a treaty tradition shared in essentials by all areas of the ancient Near East. Evidence suggests that in many respects Hittite treaties were much like those that earliest Israel would have known.

The typical treaty has five main parts. First is a preamble giving the titles of the "Great King," who grants the treaty. Next is a historical prologue, where the Great King sets forth his past dealings with the vassal king, stressing the major power's favors towards the minor ruler and his royal house. Then comes a series of explicit stipulations, the actions to be performed or avoided by the vassal (though not applying to the Great King.). Fourth is a list of the pact's witnesses, the gods both of the Great King and of the vassal. Fifth is a list of blessings to come on the minor king if he obeys, and curses if he disobeys.

It has been shown that this format was the model for the Israelite covenant of obligation, that is, for the Sinai covenant (Ex chap. 20) or the early covenant, described in Joshua chapter 24. God gives a covenant, based on his past acts of salvation ("I am the Lord your God, who brought you out of the land of Egypt"); God himself does not swear to any specific future undertaking, whereas the people of Israel are tied to specific obligations toward the deity and toward one another. The ten Commandments, inscribed on the "tablets of the covenant," spell out what the obligations are; obedience to them offers great blessings but curses attend any transgression.

Along with such general analogies, scholars have detected similarities in detail between ancient treaties and biblical conceptions of a religious covenant. In Joshua chapter 24, the history of Israel before God is set as a prologue to the covenant, which is thereby vindicated as a greatful response to the divine king's past favors. Covenant blessings, and in even greater quantity, curses, abound in Leviticus chapter 26 and Deuteronomy chapter 28. Still other aspects of biblical thought, such as the "love" of God and the "knowledge" of God now appear to be derived ultimately from the political vocabulary having to do with loyalty to a treaty partner. The prophets of Israel, moreover, predict the doom of an unfaithful people in colorful terms which seem to be related to curses traditionally associated with treaties. If one is horrified by Jeremiah's words (Jer 19:9) "I will cause them to eat the flesh of their sons and the flesh of their daughters," one may at least reflect that he is echoing the terms of Assyrian treaties.

The covenant of grant is radically different, and follows a different ancient model. In the covenant with Noah, only God takes on an obligation: he will not again destroy the world by flood, and it is up to the deity to "remember" what he has promised. Similarly, God makes a covenant with the house of David. He will continue David's line forever; and not only is nothing demanded in return, but the divine favor will be maintained even if David's sons prove unfaithful (II Sam 7:1ff). The covenant with Abraham similarly involves a one-sided promise by God to grant his descendants the land of Canaan, circumcision being the "sign" of the covenant (see Gen chaps. 15 and 17). The "covenant between the parts" boldly depicts God, under the symbols of the smoking oven and the flaming torch, taking on a solemn sworn obligation by passing between the parts of severed victims, a dramatic transformation of the ritual performed by humans swearing to a covenant.

The function of this sort of covenant was to give stability and validity to important aspects of Israel's spiritual and social world: the natural order, the national home, and the divinely chosen royal dynasty. This type of covenant is based on the analogy with ancient royal grants of land and privileges.

Treaty forms and vocabulary changed over the centuries, and as the model changed, so did the religious vocabulary. Written not long before the end of Israel's first period of national independence, Deuteronomy echoes contemporary Assyrian treaties in structure, tone, and sometimes even words. "The skies above you shall be copper and the earth under you iron" is from Deuteronomy 28:23 – and echoes the vassal treaties of the Assyrian king Esarhaddon. Assuming that covenant ideas in Israel predate Deuteronomy, this illustrates how an ancient concept may be clothed in contemporary fashion. Even more radical adaptation is evident in St. Paul. Since the Greek word diatheke, used to translate the Hebrew berith ("covenant"), most commonly means "last will and testament," Paul plays on the meaning of the Greek legal term to prove that the covenant with Abraham is unchangeable, like a man's last will (Gal chap. 3).

In the NT, the OT concept is quoted and taken over. When Matthew at the end of the Sermon on the Mount quotes Jesus as speaking of two ways (Matt 7:13-14), and later in the same chapter of the two houses built on sand and rock (Matt 7:24-27), this is to be seen as an adoption and adaptation by Matthew of the Deuteronomic theology of covenant. Jesus, harking back to the blood of the covenant ceremony in Exodus chapter 24, speaks of the New Covenant in his blood at the Last Supper (Matt 26:28; Mark 14:23-25; Luke 22:20). The blood of Jesus is now the bond uniting the two parties to the covenant.

Even more than the early Christians, the Essenes, the people of the Dead Sea Scrolls, exploited the idea of a New Covenant fully, and with greater superficial fidelity to the ancient idea of a covenant of obligation. However a great shift in emphasis was involved therein, the Essenes thinking of themselves as initiating a covenant with God, not as accepting one from him; and the covenant blessing are to fall on those inside the sectarian group, with the curses reserved for those outside.


 
Columbia Encyclopedia: covenant
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covenant (kŭv'ənənt), agreement entered into voluntarily by two or more parties to do or refrain from doing certain acts. In the Bible and in theology the covenant is the agreement or engagement of God with man as revealed in the Scriptures. In law a covenant is a contract under seal or an agreement by deed. In Scottish history the various pacts among the religious opponents of episcopacy were called covenants; those who agreed to the pacts were the Covenanters. The idea of the covenant between God of Israel and His people is fundamental to the religion of the Old Testament. God promised man specific good if man gave God the obedience and love due Him. In the covenant of God and Noah, He agreed never again to destroy man by a flood and set the rainbow in the sky as the sign of the covenant. Gen. 9. The covenants with Abraham, Isaac, and Jacob established Israel as God's chosen people and promised Canaan to them. Gen. 17; 26.1-5; 28.10-15; 32.24-32. The culmination of God's covenants with Israel comes in His promises and delivery of the Law of Moses. This provides the theme of Exodus, Leviticus, Numbers, and Deuteronomy. The great covenant with Israel is called in Christian theology the Old Covenant, because Jesus is believed to have come to fulfill it and set up a new and better covenant. Mat. 5.17, 18; Gal. 4; Heb. 8-10. This theology is behind the conventional names of the two parts of the Bible; for testament in the expressions "Old Testament" and "New Testament" is derived from a Latin mistranslation of a Greek word used in the Septuagint for covenant. In Protestant theology the covenant is especially prominent in the teaching of Johannes Cocceius. In English common law, covenants are agreements entered into by deed. One of the parties promises to perform or not to perform certain acts, or states that something has or will be done, or has not or will not be done. Covenants are bound by the same rules as other contracts and are variously classified. There are affirmative, alternative, auxiliary, collateral, concurrent, declarative, dependent, executory, express, and independent covenants, and covenants in law are covenants for title, covenants of seizin, covenants of warranty, and others. The express promise contained in a covenant is its most characteristic feature and distinguishes it from a bond, which is a simple record of indebtedness. The sealing and delivery of a covenant is an essential element of its validity. The covenantor is the party bound to perform the stipulation of a covenant; the covenantee is the party in whose favor the covenant is made.


Law Encyclopedia: Covenant
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This entry contains information applicable to United States law only.

An agreement, contract, or written promise between two individuals that frequently constitutes a pledge to do or refrain from doing something.

The individual making the promise or agreement is known as the covenantor, and the individual to whom such promise is made is called the covenantee.

Covenants are really a type of contractual arrangement that, if validly reached, is enforceable by a court. They can be phrased so as to prohibit certain actions and in such cases are sometimes called negative covenants.

There are two major categories of covenants in the law governing real property transactions: covenants running with the land and covenants for title.

Covenants Running with the Land

A covenant is said to run with the land in the event that the covenant is annexed to the estate and can be neither separated from the land nor can the land be transferred without it. Such a covenant exists if the original owner as well as each successive owner of the property is either subject to its burden or entitled to its benefit. A covenant running with the land is said to touch and concern the property. For example, an individual might own property subject to the restriction that it is only to be used for church purposes. When selling the land, the person can only do so upon an agreement by the buyer that he or she, too, will only use the land for church purposes. The land is thereby burdened or encumbered by a restrictive covenant, since the covenant specifically limits the use to which the land can be put. In addition, the covenant runs with the land because it remains attached to it despite subsequent changes in its ownership. This type of covenant is also called a covenant appurtenant.

Certain easements also run with the land. An easement, for example, that permits one landowner to walk across a particular portion of the property of an adjoining landowner in order to gain access to the street would run with the land. Subsequent owners of both plots would take the land subject to such easement.

A covenant in gross is unlike a covenant running with the land in that it is personal, binding only the particular owner and not the land itself. A subsequent owner is not required to keep the promise as one would with a covenant appurtenant.

Covenants for Title

When an individual obtains title to, or possession and ownership of, real property, six covenants are ordinarily afforded to him or her. They are (1) covenant for seisin; (2) covenant of the right to convey; (3) covenant against encumbrances; (4) covenant for quiet enjoyment; (5) covenant of general warranty; and (6) covenant for further assurances.

A deed to real property that provides for usual covenants generally includes the first five of these covenants. When a deed provides for full covenants, it is regarded as giving such protection as is extended pursuant to all six covenants.

Covenants for seisin and of the right to convey are ordinarily regarded as being the same thing. Essentially, they make a guarantee to the grantee that the grantor is actually the owner of the estate that he or she is transferring.

The covenant against encumbrances promises to the grantee that the property being conveyed is not subject to any outstanding rights or interests by other parties, such as mortgages, liens, easements, profits, or restrictions on its use that would diminish its value. The existence of zoning restrictions do not constitute breach of this covenant; however, the existence of a violation of some type of zoning or building restriction might be regarded as a breach thereof.

The covenants of quiet enjoyment and general warranty both have the legal effect of protecting the grantee against all unlawful claims of others, including the grantor and third parties, who might attempt to effect an actual or constructive eviction of the grantee.

The sixth covenant, which is the covenant for further assurances, is not widely used in the United States. It is an agreement by the grantor to perform any further necessary acts within his or her ability to perfect the grantee's title.

The first three covenants of title ordinarily do not run with the land, since they become personal choses in action — rights to initiate a lawsuit — if breached upon delivery of the deed. The others are covenants appurtenant or run with the land and are enforceable by all grantees of the land.

In order to recover on the basis of a breach of a covenant of title, financial loss must actually be sustained by the covenantee, since such covenants are contracts of indemnity. In most jurisdictions, the maximum amount of damages recoverable for such a breach is the purchase price of the land plus interest.

Purposes

Land use planning is often effected through the use of convenants.

Covenants facilitate the creation of particular types of neighborhoods as part of a neighborhood plan. A housing developer might, for example, buy up vacant land to divide into building lots. A low price is paid for the undeveloped land, which the developer subsequently sells burdened with a number of restrictive covenants. The developer might stipulate in the contract of sale that the owner must retain the original size of a lot. Developers can also make owners agree that houses to be constructed upon the lots must be larger than a certain size and include other specifications to ensure that such property will more than likely sell for premium prices because of the desirability of the neighborhood. Courts enforce such covenants provided they benefit and burden all the property owners in a neighborhood equally.

Covenants will not, however, be enforced if they are intended to accomplish an illegal purpose. The Supreme Court ruled in Shelley v. Kraemer, 334 U.S. 1, 68 S. Ct. 836, 92 L. Ed. 1161 (1948), that no court or state officials have the power under law to take any action toward the enforcement of a racial covenant. In this case, a group of neighbors were bringing suit to prohibit a property owner from selling his home to blacks, based on the argument that the owner had purchased the home subject to the restrictive covenant not to sell to blacks. The covenant was found to be unenforceable based on equal housing laws. To enforce it would constitute a civil rights violation.

Bible Dictionary: covenant
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Literally, a contract. In the Bible, an agreement between God and his people, in which God makes promises to his people and, usually, requires certain conduct from them. In the Old Testament, God made agreements with Noah, Abraham, and Moses. To Noah, he promised that he would never again destroy the Earth with a flood. He promised Abraham that he would become the ancestor of a great nation, provided Abraham went to the place God showed him and sealed the covenant by circumcision of all the males of the nation. To Moses, God said that the Israelites would reach the Promised Land but must obey the Mosaic law. In the New Testament, God promised salvation to those who believe in Jesus.

Veterinary Dictionary: covenant
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A constraint placed by local government authority upon the use of land or buildings. Applies to such matters as size of lots, use to which land can be put, amount of land that can be covered by a building.

Word Tutor: covenant
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pronunciation

IN BRIEF: A solemn agreement by two or more people or parties.

pronunciation The covenant was signed by all of the ambassadors of the two adjoining nations.

Wikipedia: Covenant
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"Contract with God" redirects here. For the Will Eisner graphic novel, see A Contract With God.

A covenant, in its most general sense, is a solemn promise to engage in or refrain from a specified action.

A covenant is a type of contract in which the covenantor makes a promise to a covenantee to do or not do some action. In real property law, the term real covenants is used for conditions tied to the use of land. A "covenant running with the land", also called a covenant appurtenant, imposes duties or restrictions upon the use of that land regardless of the owner. In contrast, the covenant in gross imposes duties or restrictions on a particular owner.[1]

Covenants for title are covenants which come with a deed or title to the property, in which the grantor of the title makes certain guarantees to the grantee.[1]

Contents

In a religious context

In certain religions, a covenant is a formal alliance or agreement made by God with that religious community or with humanity in general. This sort of covenant is an important concept in Judaism and Christianity, derived in the first instance from the biblical covenant tradition. An example of a covenant relationship in Judaism and Christianity is that between Abraham and God, in which God made a covenant with Abram that He would bless Abram's descendants making them more numerous than the stars. Also Job made a covenant with his eyes (Job 31:1).[2] Christianity asserts that God made an additional covenant through Jesus Christ, called the "new covenant", in which Jesus' sacrifice on the cross would atone for the sins of all who put their faith in him (Matthew 26:28). In Islam God reminds all humanity of their covenants with him.[3]

A covenant may also refer to an agreement between members of a congregation to work together according to the precepts of their religion. In Islam, God enters into a covenant with Muhammad, impressing into his shoulder the seal of prophecy.[citation needed] In Indo-Iranian religious tradition, Mithra-Mitra is the hypostasis of covenant, and hence keeper and protector of moral, social and interpersonal relationships, including love and friendship. In living Zoroastrianism, which is one of the two primary developments of Indo-Iranian religious tradition, Mithra is by extension a judge, protecting agreements by ensuring that individuals who break one do not enter Heaven.

In a legal context

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. A Covenant is also used to describe a contract or a legally binding promise.[4]

Covenants in planned communities

In contemporary practice in the United States, a covenant typically refers to restrictions set on contracts like deeds of sale. "Covenants, Conditions, and Restrictions," commonly abbreviated "CC&Rs" or "CCRs", are a complicated system of covenants, known generically as "deed restrictions," built into the deeds of all the lots[5] in a common interest development, particularly in the tens of millions of American homes governed by a homeowner association (HOA) or condominium association. There are some office or industrial parks subject to CCRs as well.

These CCRs might, for example, dictate building materials (including roofing materials), prohibit certain varieties of trees, or place restrictions on the number of dwellings that may be built on the property. The purpose of this is to maintain a neighborhood character or prevent improper use of the land. Many covenants of this nature were imposed in the 1920s through the 1940s, before zoning became widespread. However, many modern developments are also restricted by covenants on property titles; this is often justified as a means of preserving the values of the houses in the area. Covenant restrictions can be removed through court action, although this process is lengthy and often very expensive. In some cases it even involves a plebiscite of nearby property owners. Although control of such planning issues is often governed by local planning schemes or other regulatory frameworks rather than through the use of covenants, there are still many covenants imposed, particularly in states that limit the level of control over real property use that may be exercised by local governments.

Exclusionary covenants

In the 1920s and 1930s, covenants that restricted the sale or occupation of real property on the basis of race, ethnicity, religion or social class were common in the United States, where the primary intent was to keep "white" neighbourhoods "white". Such covenants (also known as racial covenants or racial restrictive covenants) were employed by many real estate developers to “protect” entire subdivisions. The purpose of an exclusionary covenant was to prohibit a buyer of property from reselling, leasing or transferring the property to members of a given race, ethnic origin and/ or religion as specified in the title deed. Some covenants, such as those tied to properties in Forest Hills Gardens, New York, also sought to exclude working class people however this type of social segregation was more commonly achieved through the use of high property prices, minimum cost requirements and application reference checks.[6] In practice, exclusionary covenants were most typically concerned with keeping out African-Americans, however restrictions against Asian-Americans, Jews and Catholics were not uncommon. For example, the Lake Shore Club District in Pennsylvania, sought to exclude anyone of Negro, Mongolian, Hungarian, Mexican, Greek, Armenian, Austrian, Italian, Russian, Polish, Slavish or Roumanian birth.[7] Cities known for their widespread use of racial covenants include Chicago, Baltimore, Detroit and Los Angeles.

History

Racial covenants emerged during the mid-nineteenth century and started to gain prominence from the 1890s onwards. However it was not until the 1920s that they adopted widespread national significance, a situation that continued until the 1940s. Some commentators have attributed the popularity of exclusionary covenants at this time as a response to the urbanisation of black Americans following World War 1, the consequent race riots of 1917-1921 and the 1917 US Supreme Court ruling of Buchanan v. Warley that invalidated the imposition of racially restrictive zoning ordinances (residential segregation based on race) on constitutional grounds.[8][9] An alternative interpretation is that the rapid expansion in use of these covenants was triggered by the fear of "black invasion" into white neighbourhoods which would result in depressed property prices, increased nuisance and social instability.[10]

Opposition

During the 1920s, the National Association for the Advancement of Coloured People (NAACP) sponsored several unsuccessful legal challenges against racial covenants. In a blow to campaigners against racial segregation, the legality of racial restrictive covenants was affirmed by the landmark Corrigan v. Buckley 271 U.S. 323 (1926) judgement that ruled that such clauses constituted "private action" and as such were not subject to the Due Process clause of the Fourteenth Amendment.[11] As a result of this decision, racial restrictive covenants proliferated across the United States during the 1920s and 1930s. Even the invalidation of such a covenant by the U.S. Supreme Court in the 1940 case of Hansberry v. Lee did little to reverse the trend because the ruling was based on a technicality and failed to set a legal precedent.[12] It was not until 1948 that the Shelley v. Kraemer judgement overturned the Corrigan v. Buckley decision in stating that exclusionary covenants were unconstitutional under the Fourteenth Amendment and were therefore legally unenforceable.[13]

Exclusionary covenants today

Although exclusionary covenants are not enforceable today, they still exist in some property deeds and Title insurance policies often contain exclusions preventing coverage of such restrictions.

US Examples

  • Forest Hills Gardens, Queens, New York – covenants forbade the sale of real property to blacks, Jews and working-class people.
  • Jackson Heights, Queens, New York – covenants employed to restrict occupancy to white, non-immigrant Protestants.[14]
  • Washington Park Subdivision, Chicago, Illinois – restrictive covenants used to exclude African-Americans.
  • Palos Verdes, Los Angeles, California – covenants forbade an owner to sell or rent a house to anyone not of white or Caucasian race and to not permit African-Americans on their property with the exception of chauffeurs, gardeners and domestic servants.[15]
  • Guilford, Baltimore, Maryland – covenants provided for exclusion against negros or persons of negro extraction.[16]

International examples

Although most commonly associated with the United States, racial restrictive covenants have been used in other countries:

  • Canada – Subdivisions such as Westdale, Ontario employed racial covenants to bar a diverse array of ethnic groups such as Armenians and foreign-born Italians and Jews.[17] Opposition to exclusionary covenants was significant in Canada, culminating in the 1945 Re: Drummond Wren ruling by the Ontario High Court which invalidated their use. This judgement was influential in guiding similar decisions in the United States and elsewhere.[18]
  • South Africa – racial covenants emerged in Natal during the 1890s as an attempt to prevent Indians from acquiring properties in more expensive areas and were commonplace across the country by the 1930s. They were later used as a tool to further the cause of apartheid against the black population.[19]
  • Zimbabwe – Asians and coloured people were excluded from purchasing or occupying homes in European areas by restrictive racial covenants written into most title deeds.[20]

Title covenants

Title covenants serve as guarantees to the recipient of property, ensuring that the recipient receives what he or she bargained for. The English covenants of title, sometimes included in deeds to real property, are (1) that the grantor is lawfully seized (in fee simple) of the property, (2) that the grantor has the right to convey the property to the grantee, (3) that the property is conveyed without encumbrances (this covenant is frequently modified to allow for certain encumbrances), (4) that the grantor has done no act to encumber the property, (5) that the grantee shall have quiet possession of the property, and (6) that the grantor will execute such further assurances of the land as may be requisite (Nos. 3 and 4, which overlap significantly, are sometimes treated as one item).[21] The English covenants may be described individually, or they may be incorporated by reference, as in a deed granting property "with general warranty and English covenants of title..."[22]

In a historical context

In a historical context, a covenant applies to formal promises that were made under oath, or in less remote history, agreements in which the name actually uses the term 'covenant', implying that they were binding for all time.

One of the earliest attested covenants between parties is the so-called Mitanni treaty, dating to the 14th or 15th century BC, between the Hittites and the Mitanni.

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. The term 'covenant' appears throughout 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.

See also

References

  1. ^ a b Covenant. (2008). West's Encyclopedia of American Law, edition 2. Retrieved August 7 2009 from http://legal-dictionary.thefreedictionary.com/Covenant.
  2. ^ Genesis 15:5, 15:18.
  3. ^ Qur'an 36:60, 61.
  4. ^ taken from http://www.confusedaboutlaw.co.uk/wordlist_c.html
  5. ^ McKenzie, Evan. Privatopia: Homeowner Associations and the Rise of Residential Private Governments. Yale University Press. pp. 20. ISBN 0-300-06638-4. 
  6. ^ Fogelson, Robert M. (2005). Bourgeois Nightmares: Suburbia 1870-1930. New Haven: Yale University Press. pp131-137.
  7. ^ Fogelson, Robert M. (2005). Bourgeois Nightmares: Suburbia 1870-1930. New Haven: Yale University Press. p103.
  8. ^ Correa-Jones, M. (2000). The Origins and Diffusion of Racial Restrictive Covenants. Political Science Quarterly, Vol. 115, No. 4, p543.
  9. ^ Meyer, Stephen G. (2000). As long as they don't move next door: segregation and racial conflict in American neighborhoods. Lanham: Rowman & Littlefield. p26.
  10. ^ Fogelson, Robert M. (2005). Bourgeois Nightmares: Suburbia 1870-1930. New Haven: Yale University Press. pp97-98.
  11. ^ Meyer, Stephen G. (2000). As long as they don't move next door: segregation and racial conflict in American neighborhoods. Lanham: Rowman & Littlefield. p31.
  12. ^ Meyer, Stephen G. (2000). As long as they don't move next door: segregation and racial conflict in American neighborhoods. Lanham: Rowman & Littlefield. p57.
  13. ^ Meyer, Stephen G. (2000). As long as they don't move next door: segregation and racial conflict in American neighborhoods. Lanham: Rowman & Littlefield. p94.
  14. ^ Miyares, Ines M. (2004). From exclusionary covenant to ethnic diversity in Jackson Heights, Queens. The Geographical Review. Vol. 94, No. 4, p463.
  15. ^ Fogelson, Robert M. (2005). Bourgeois Nightmares: Suburbia 1870-1930. New Haven: Yale University Press. p15.
  16. ^ Fogelson, Robert M. (2005). Bourgeois Nightmares: Suburbia 1870-1930. New Haven: Yale University Press. p65.
  17. ^ Fogelson, Robert M. (2005). Bourgeois Nightmares: Suburbia 1870-1930. New Haven: Yale University Press. p103.
  18. ^ Walker, James W. St. G. (1997). Race, rights and the law in the Supreme Court of Canada: historical case studies. Waterloo: Wilfred Laurier University Press. pp204-205.
  19. ^ Christopher, A. J. (2001). The Atlas of Changing South Africa. 2nd Edition. London: Routledge. p181.
  20. ^ Baker, Donald G. (1983). Race, ethnicity, and power. London: Routledge. p109.
  21. ^ E.g., Richmond v. Hall, 251 Va. 151, 160, 466 S.E.2d 103, 107 (1996).
  22. ^ E.g., Virginia Code § 55-70.

Misspellings: covenant
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Common misspelling(s) of covenant

  • convenant

Translations: Covenant
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Dansk (Danish)
n. - kontrakt, velgørenhedskontrakt, velgørenhedsklausul, pagt
v. tr. - betinge sig, slutte pagt om, indgå kontraktlig aftale om
v. intr. - kontrahere

Nederlands (Dutch)
overeenkomst, convenant

Français (French)
n. - convention, (Jur) engagement, alliance (Bible)
v. tr. - convenir de faire qch, (Jur) s'engager à verser (à)
v. intr. - convenir (de qch avec qn)

Deutsch (German)
n. - Bund, Vertrag
v. - vereinbaren, vertraglich festlegen

Ελληνική (Greek)
n. - σύμφωνο, συμφωνητικό, συνθήκη, (θρησκ.) διαθήκη

Italiano (Italian)
convenzione, patto

Português (Portuguese)
n. - pacto (m), concílio (m) (Rel.)

Русский (Russian)
соглашение, завет

Español (Spanish)
n. - pacto, alianza, convenio
v. tr. - pactar, convenir
v. intr. - pactarse, convenirse, hacer alianza

Svenska (Swedish)
n. - avtal, fördrag, klausul (jur.), förbund (bibl.), utfästelse om regelbundna bidrag t välgörenhet, covenant (hist.)

中文(简体)(Chinese (Simplified))
契约, 盟约, 立约承诺, 订立盟约

中文(繁體)(Chinese (Traditional))
n. - 契約, 盟約
v. tr. - 立約承諾
v. intr. - 訂立盟約

한국어 (Korean)
n. - 계약, 계약서
v. tr. - 계약에 의해 ~을 동의하다
v. intr. - 계약하다

日本語 (Japanese)
n. - 契約, 誓約, 聖約
v. - 契約する, …すると誓約する

العربيه (Arabic)
‏(الاسم) عهد, ميثاق‏

עברית (Hebrew)
n. - ‮חוזה, אמנה, ברית, התחייבות, סעיף בחוזה‬
v. tr. - ‮הסכים בייחוד באמצעות חוזה חוקי‬
v. intr. - ‮התחייב בכתב‬


 
 

 

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