considerans

Considerans is a Latin term meaning "having considered" or "considering." In legal contexts, it appears in preambles or recitals of laws, treaties, and other instruments to set out the background facts, circumstances, and policy objectives that led to the enactment or agreement.

The form and terminology vary by jurisdiction and language. In many civil-law traditions, the preamble contains a series of considerations (often labeled considerans or considérants, depending on language), which explain why the instrument was created. In English-language texts, these sections are commonly called recitals or preambles and may be signaled by phrases such as "Whereas" or "Considering that."

Function and legal effect differ by system. Considerans or recitals typically do not impose binding obligations themselves; the operative provisions establish the duties and rights that statutory or treaty text creates. Nevertheless, recitals can have interpretive value, guiding courts or authorities to understand the purpose and scope of the law when the text is ambiguous or when there is a dispute about legislative intent.

Usage across instruments includes statutes, constitutional provisions, international treaties, and corporate charters. The exact weight of considerans or recitals depends on jurisdiction and the specific text; some systems treat them as persuasive without binding force, while others allow recitals to inform interpretation of the operative clauses.

Etymology traces the term to Latin, reflecting the long-standing practice of acknowledging the considerations that motivate legal instruments. See also: preamble, recital, conside­randa.