ЗА РИМСКОПРАВНИТЕ КОРЕНИ НА УЧЕНИЕТО ЗА CAUSA-ТА НА ДОГОВОРИТЕ
ON THE ROOTS OF THE DOCTRINE OF CAUSA IN ROMAN LAW

Summary/Abstract: The article focuses on the roots of the doctrine of causa in Roman law. In the context of D. 2.14.7.4 and D. 2.14.7.1-2 causa appeared to be a characteristic element of the so-called innominate contracts as far as there was a civil obligation, provided that a "ground" was present. On second place, despite the abstract character of the stipulation in Roman law the lack of an underlying ground (purpose, causa) of a stipulation could be taken into consideration if the promisee raised an exceptio doli. Third, the idea of causa appeared in connection of Roman condictiones of an ‘obligation sine causa'. This article gives additional arguments to the conclusions of French lawyer Prof. J. Bry that the Romans did not develop a general theory of causa, because they did not need it considering the "closed" (numerus clausus) contract system in Roman law, but they have often applied its principles.

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