This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration.

It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements.

Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

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Part I. Origins and Historical Development

1. Roman Origins: Typicity of Contracts in Roman Law, FJ Andrés, University of Valladolid
2. Medieval Development, João de Oliveira Geraldes, University of Lisbon
3. The Rise and Fall of Consideration in English Law, D Ibbetson, University of Cambridge
4. The Cause in Modern Doctrine and Early Codifications, D Deroussin, University of Lyon
5. The Decline of Cause, W Dajczak, University of Poznan

Part II. National Reports

6. The Role of Consideration in English Law, J Cartwright, University of Oxford
7. The French Development, O Deshayes, University of Paris-Nanterre
8. The Use of Cause of Contract in Spanish Law, A Legerén-Molina, University of Coruña
9. Germany and its Rejection of the Cause, G Albers, University of Linz
10. The Italian Variant, F Patti, Bocconi University of Milan

Part III. Functions of Cause and Consideration

11. Cause, Consideration and the Enforceability of Promises, B Rodríguez-Rosado, University of Málaga
12. Cause and the Control of Legality and Morality of Contracts, JP Murga, University of Seville
13. Cause, Consideration and Frustration of Contract, R Caro, University of Málaga
14. Cause, Consideration and Unjust Enrichment, B Häcker, University of Bonn

Part IV. Final Conclusions

15. Rethinking Cause and Consideration, N Jansen, University of Münster

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Leading contract lawyers from across the civil and common law worlds bring clarity to contested questions around cause and consideration.
Ambitious study looking at key tenets of contract law - cause and consideration - in the common and civil law worlds

Unrivalled scholarship examining the fundamental doctrines and principles of private law.
This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally.
The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.

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Produktdetaljer

ISBN
9781509971398
Publisert
2025-06-26
Utgiver
Bloomsbury Publishing PLC
Vekt
625 gr
Høyde
236 mm
Bredde
164 mm
Dybde
24 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
320

Biografisk notat

Bruno Rodríguez-Rosado is Professor of Law at the University of Málaga, Spain.
Rocío Caro Gándara is Professor of Law at the University of Málaga, Spain.
Antonio Legerén-Molina is Professor of Law at the University of A Coruña, Spain.