Legal Definitions - modus vivendi

Definition: Modus vivendi (moh-dus vi-ven-dee) is a Latin term that means "means of living (together)". In international law, it refers to a temporary and provisional agreement made between parties that creates binding obligations.

A modus vivendi is a way for parties to tolerate each other and work towards a settlement by laying down the basis of a method of living together with a problem or bridging over some difficulty pending a permanent settlement. It is usually used for provisional and interim arrangements that will eventually be replaced by a more permanent and detailed agreement. The most distinguishing feature of a modus vivendi is its provisional character, but it can be exercised for an indefinite period of time if a definitive solution to the problem cannot be reached by treaty.

For example, two countries may sign a modus vivendi to temporarily resolve a border dispute while they work towards a permanent solution. Another example is when two countries agree to a modus vivendi to allow their fishermen to fish in each other's waters for a limited time while they negotiate a more permanent fishing agreement.

These examples illustrate how a modus vivendi can be used to temporarily resolve a problem while parties work towards a more permanent solution. It allows parties to live together and tolerate each other while they negotiate a more detailed and long-term agreement.