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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.
List of contents
Part I. Origins and Historical Development1. Roman Origins: Typicity of Contracts in Roman Law,
FJ Andrés, University of Valladolid2. Medieval Development,
João de Oliveira Geraldes, University of Lisbon3. The Rise and Fall of Consideration in English Law,
D Ibbetson, University of Cambridge4. The Cause in Modern Doctrine and Early Codifications,
D Deroussin, University of Lyon5. The Decline of Cause,
W Dajczak, University of PoznanPart II. National Reports6. The Role of Consideration in English Law,
J Cartwright, University of Oxford
7. The French Development,
O Deshayes, University of Paris-Nanterre8. The Use of Cause of Contract in Spanish Law,
A Legerén-Molina, University of Coruña9. Germany and its Rejection of the Cause,
G Albers, University of Linz10. The Italian Variant,
F Patti, Bocconi University of MilanPart III. Functions of Cause and Consideration11. Cause, Consideration and the Enforceability of Promises,
B Rodríguez-Rosado, University of Málaga12. Cause and the Control of Legality and Morality of Contracts,
JP Murga, University of Seville13. Cause, Consideration and Frustration of Contract,
R Caro, University of Málaga14. Cause, Consideration and Unjust Enrichment,
B Häcker, University of BonnPart IV. Final Conclusions15. Rethinking Cause and Consideration,
N Jansen, University of Münster
About the author
Bruno Rodríguez-Rosado is Professor of Law at the University of Málaga, Spain.Rocio Caro is Professor of Law at the University of Málaga, Spain.Antonio Legerén-Molina is a Professor of Law at the University of A Coruña, Spain.
