Cause and Consideration

Bruno Rodríguez-Rosado is Professor of Law at the University of Málaga, Spain. Rocío Caro Gándara is Professor of Law at the University of Málaga, Spain. Antonio Legerén Molina is Professor of Law at the University of A Coruña, Spain.

Part I. Origins and Historical Development
1. Roman Origins: Typicity of Contracts in Roman Law
2. Medieval Development
3. The Rise and Fall of Consideration in English Law
4. The Cause in Modern Doctrine and Early Codifications
5. The Decline of Cause

Part II. National Reports
6. The French Development
7. The Italian Variant
8. The Use of Cause of Contract in Spanish Law
9. Germany and its Rejection of the Cause
10. The Role of Consideration in English Law

Part III. Functions of Cause and Consideration
11. Cause, Consideration and the Enforceability of Promises
12. Cause and the Control of Legality and Morality of Contracts
13. Cause, Consideration and Frustration of Contract
14. Cause, Consideration and Unjust Enrichment

Part IV. Final Conclusions
15. Rethinking Cause and Consideration