Considerations about the cause of the contract Cover Image
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Considerații pe marginea cauzei contractului
Considerations about the cause of the contract

Author(s): Florin Ludușan, Raluca Hațegan-Rozsnyai
Subject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: consent; contract; cause; proof of the cause;

Summary/Abstract: The behaviour of a free and conscious man is the result of his will, which is guided by a reasonable intentionality that gives it meaning. In the absence of a purpose, any action becomes chaotic, accidental and raises questions about the mental health of the person who takes action1. We find that the fourth essential condition, a substantive one, necessary for the valid existence of the sales contract is the cause. According to the rules of common law, in matters of legal acts, the cause is the determining reason for the consent expressed when concluding the legal act. The obligation without cause or with an illicit or false cause cannot have any effect.

  • Issue Year: 2021
  • Issue No: 09
  • Page Range: 21-27
  • Page Count: 7
  • Language: Romanian
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