Can the English doctrine of “consideration” shed light onto the “function” of “causa” in Spanish law?
Dr Antonio Legeren-Molina, University of A Coruna
In the classical conception of contract, fruit of liberal thinking and embodied in the 19th century Civil Codes, there were just few instruments of contractual justice: the key point was to ensure the autonomous decision of the contracting parties. The notion of “causa” or “cause” thus became the contractual element used by many European systems to introduce into the codified texts a number of “justice” criteria for contractual legal relationships. However, as the demands for justice grew, the notion of “causa” or “cause” began to reveal its inability to fulfil a wide range of functions related to those purposes.
Against this background, and at a time when the economic situation requests a high degree of “justice” or other contractual balance – traditionally linked in Civil Law system with the notion of “cause” and in Common Law systems with the doctrine of “consideration”– this talk aims to analyse whether both concepts are appropriate ways to achieve the mentioned goals. There is also a question about what, if any, light the English doctrine of “consideration” can shed light onto the “function” of “causa” in Spanish law.
A sandwich lunch will be available from 12.30 in the area outside the IECL.