КАУЗАТА СПОРЕД ФРЕНСКОТО ПРАВО: ЕДНА ПОГРЕШНА ИНТЕРПРЕТАЦИЯ НА ИЗТОЧНИЦИТЕ НА РИМСКОТО ПРАВО
CAUSA IN FRENCH CONTRACT LAW: AN ERROR-BASED INTERPRETATION OF ROMAN LEGAL SOURCES

Summary/Abstract: Roman law laid the keystone upon which the general theory of contracts in modern French law recognized the causa as an essential element of contracts. In Rome, the causa is considered in relation to unnamed contracts, abstract stipulations and unjust enrichment. Medieval jurists relied on Roman sources on the cause to generalize the principle of consensuality in contractual obligations. Once consensualism was established, recourse to the cause might seem superfluous, but it was not so in France where the causa was conceived by the doctrine as the cornerstone of the consensual theory.

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