KAUZA JAKO EKONOMICKÝ MOTIV VZNIKU ZÁVAZKU
The causa as an economical motive for the origination of the civil law obligation
Author(s): Zdena PinkavováSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci
Keywords: Causa; obligation; legal title; contract; motive; invalidity; element; debtor; creditor; bill; commercial paper; legal deed; autonomious will; innominate contract.
Summary/Abstract: We define the causa of a civil law obligation as an economical motive for the origination of the obligation; it is likewise a prerequisite of its legal force. In praxis and in legal theory it is frequently mistaken with a legal reason, which causes the origination, modification and termination of civil law relations as its consequence. A general principle, causing the most serious troubles ( regarding the distinguishing of the causa and the legal reason of the obligation ), is established in §495 of the civil code.
Journal: Acta Iuridica Olomucensia
- Issue Year: 8/2013
- Issue No: 1
- Page Range: 93-100
- Page Count: 8
- Language: Czech