ABSTRACT
European scholars still very much debate the relevance of the concept of causa as an element of the definition of a contract. Because the resolution of the debate depends on the specific traditions of a given legal order, this article draws from the contributions in this book’s chapter on ‘The Future of causa’ and presents the use of the causa to frame and resolve legal issues in French, Italian, German and English contract law. Far from being a requiem for the concept of causa, which has often been declared dead, this article shows, through an approach that is both historical and functional and by fostering a broader understanding of the notion, that the causa is still very much alive.
Albers, Gregor and Patti, Francesco Paolo and Perrouin-Verbe, Dorothée, The Future of causa in Causa contractus, pp 705-713, Gregor Albers, Francesco Paolo Patti and Dorothée Perrouin-Verbe, eds, Mohr Siebeck, August 2022; Max Planck Private Law Research Paper No 22/25; Bocconi Legal Studies Research Paper No 4268487.
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