ABSTRACT
The articles in the chapter on ‘Conclusion of Contract’ focus on the reasons why an agreement can become a legally binding contract. Sorting through these many and multifarious grounds, we have tried to consider all the conditions – but only those which have something to do with the notion of causa contractus as encountered in at least one of the jurisdictions we have surveyed. But even after having reduced the scope of our study, this remains a very broad topic, especially as the various jurisdictions covered approach the underlying issues in vastly different ways. Still, and very tentatively, in this article the issues are grouped into two categories: first, the question of the existence of a contract, meaning the threshold required to create contractual obligations (II.); and then, the broader and more difficult question – especially as it is treated in various ways in each jurisdiction – of the specific requirements of valid contracts (III.).
Perrouin-Verbe, Dorothée, Causa and the Requirements of Valid Contracts in Causa contractus, pp 373-383, Gregor Albers, Francesco Paolo Patti and Dorothée Perrouin-Verbe, eds, Mohr Siebeck, August 2022; Max Planck Private Law Research Paper No 22/24.
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