LAW

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Legal Terms – Capitulation
Capitulation is a noun that refers to an agreement in which a group of soldiers or a naval force surrenders based on certain conditions. The arrangement is a mutually beneficial agreement between the contracting parties, where one party avoids the futile loss incurred in a hopeless conflict, while the other party not only avoids loss but also saves time and effort by not having to make any additional sacrifices. A capitulation should be differentiated from an unconditional surrender, as the latter does not require a formal document signed by both parties and does not involve an agreement.
It alo means a system where issues involving foreign residents are tried before diplomatic or consular courts, based on both customary and treaty-based jurisdiction. These courts operate according to the laws of the respective governments. The practice is currently outdated, as it clearly violates the principle of sovereign equality among states.



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