The Evolution of "causa" in the Contractual Obligations of the Civil Law
The Evolution of "causa" in the Contractual Obligations of the Civil Law
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In our eReader you can find the full English version of the book. Read The Evolution of "causa" in the Contractual Obligations of the Civil Law Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Evolution of "causa" in the Contractual Obligations of the Civil Law
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(46) Digitized by LjOOQIC IG acknowledged to be still its more proper signification, for in the other class of contracts, the gratuitous, cause is qualified by sufiisante ; in these it is no longer necessarily a prestation, but falls back upon the will of the obligor.
Pothier, continuing his discussion of cause, follows Domat in the latter^s treatment of void conventions (but using contrat where Domat uses convention). Though in this connection the term cause was hardly employed by Domat, Pothi...er uses it in the most prominent and technical manner; he begins, "Lorsque la cause pour laquelle Fengagement a 6t^ contracts, est une cause qui blesse la jiistice, la bonne foi, ou les bonnes moeurs, cet engagement est nul, ainsi que le contrat qui le renf erme ;^^ and further on the expression cause licite and cause illicite are freely used.®^ Pothier as well as Domat always employs cause in a clear manner, suggesting no doubt or confusion regarding its meaning or use. This is especially noticeable in that he generally avoids speaking of the cause of a contract or convention : as in Domat it is the cause of an obligation, so in Pothier, expressing the same idea, it is the cause of an engagement or promesse.
What to read after The Evolution of "causa" in the Contractual Obligations of the Civil Law?
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To quickly assess the difficulty of the text, read a short excerpt:
(46) Digitized by LjOOQIC IG acknowledged to be still its more proper signification, for in the other class of contracts, the gratuitous, cause is qualified by sufiisante ; in these it is no longer necessarily a prestation, but falls back upon the will of the obligor.
Pothier, continuing his discussion of cause, follows Domat in the latter^s treatment of void conventions (but using contrat where Domat uses convention). Though in this connection the term cause was hardly employed by Domat, Pothi...er uses it in the most prominent and technical manner; he begins, "Lorsque la cause pour laquelle Fengagement a 6t^ contracts, est une cause qui blesse la jiistice, la bonne foi, ou les bonnes moeurs, cet engagement est nul, ainsi que le contrat qui le renf erme ;^^ and further on the expression cause licite and cause illicite are freely used.®^ Pothier as well as Domat always employs cause in a clear manner, suggesting no doubt or confusion regarding its meaning or use. This is especially noticeable in that he generally avoids speaking of the cause of a contract or convention : as in Domat it is the cause of an obligation, so in Pothier, expressing the same idea, it is the cause of an engagement or promesse.
What to read after The Evolution of "causa" in the Contractual Obligations of the Civil Law?
You can find similar books in the "Read Also" column, or choose other free books by Samuel Patterson to read onlineMoreLess
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