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To what extent was the development of

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With the absence of either cause or consideration an agreement will be denied legal effect, even if the parties had intended for it to be legally binding.

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Both doctrines have an extended historical development. There have been several attempts at trying to define the notion of causa and therefore the French doctrine la cause. The historical emergence of both doctrines was quite different. The purpose of this essay is to identify the extent to which the historical development, of both the French and English doctrines, has played a role in creating the contrasting aspects between the two concepts. This will result in tbe better comprehension on how two doctrines with the same purpose have become different.

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In order to achieve this, the doctrines will be compared through a chronological argument. Firstly, the origins of la cause and consideration will be discussed. Secondly, the introductions of la cause in the civil law system and consideration in the common law system will be comparatively analysed.

Finally, the modern state of the French and English doctrines will be examined.

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The supporters of the modern doctrine of la cause often link the doctrine back to Roman Law. This, taken in its literal sense, could be interpreted to mean the source of the obligation. Jean Domat, a 17 th century French jurist, was at the origin of the introduction of the doctrine of la cause To what extent was the development of https://amazonia.fiocruz.br/scdp/essay/pathetic-fallacy-examples/advertising-plan-for-the-university-of-illinois.php Civil Code of A historical reconciliation can be demonstrated through the argument that, in fact, the doctrine originates from a mixture of Roman Law and Canonist Law. In the 13 th century, the necessity of the abstract cause as a condition of validity of the contract was established in Canonist Law.

It could be said that the subjective cause resembles the Canonist tradition, where it entails the dwvelopment reasons why the parties entered into the contract. However, the objective cause resembles the Roman tradition. The objective cause in French law is the abstract goal of the contract. For a short period of time England was part of the Roman. O and ultimately was influenced by Roman Law. Due to the shortness of that period, the influence was not as strong in England as in the rest of the Roman Empire.

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By the yearthree contractual remedies seem to have emerged in the royal courts; these were the actions of covenant, debt and case. It is believed that the doctrine of consideration has roots in the action of assumpsit; as J. Both lf look at the motivation for the promise made in the contract. However, the doctrine of consideration throughout the centuries went through many alterations to become its modern self. In the 19 th century, the case Misa v Currie [41] established that consideration involved a benefit and detriment relationship between the parties.

To what extent was the development of

The benefit was linked to the notion of quid pro quo and the detriment was linked to the tortious origin of the action of the assumpsit. The views of Domat, in regards to the notion of causa, were accepted by Pothier, resulting in a majority of his work being incorporated into the French Civil Code. As far as one can tell the modern orthodox views of la cause were derived from the 17 th and the 18 th centuries through the works of Domat and Pothier.

The French Civil Code was introduced in by Napoleon.

To what extent was the development of

Articles and reformulate the works of Domat and Pothier. Although the Civil Code does not actually provide a definition for the doctrine, through Articlesandit highlights the role the doctrine plays in the French law of contracts. The doctrine of la cause will differ through the different types of contracts. French law differs, in this area, to English law as it recognises gratuitous thw as enforceable contracts. The cause of a promise is the purpose for which it is made.]

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