Causa and Consideration – A Comparative Overview
Challenges of the Knowledge Society, pp. 254-265, 2016
Proceedings of The International Conference - "Challenges of the Knowledge Society", Bucharest, 10th Edition, May 20th-21st 2016
15 Pages Posted: 11 Aug 2016 Last revised: 15 Aug 2016
Date Written: April 30, 2016
Abstract
The article examines the Roman origin and historical development of "causa" as an essential requirement of the contracts, as well as its adoption in the majority of the national legislations belonging to the French legal family. Moreover, the article analyzes what has become to be known as the functional equivalent of causa in the English law – the doctrine of consideration and examines the correlation between them. In the end, the latest tendencies in codifying the European civil law with respect to causa and consideration are being critically discussed.
Keywords: Causa, Consideration, Mixed Legal Systems, Comparative Law, European Private Law
JEL Classification: K10, K12
Suggested Citation: Suggested Citation