Year: 2024
Type: article
Abstract: Almost 10 years ago, the Ordonnance of 10 February 2016 reforming the French Civil Code (CC) removed the cause from the conditions for validity of the obligation. Thus, it broke with the tradition of the Code Napoléon, and a large number of civil codifications followed. Since 2016, French scholars have argued that, notwithstanding its conceptual implications, the disappearance of the formula of the cause has resulted in semantic rather than substantial changes. Whereas, in one opinion, the cause is still found underlying ‘contenu litice et certain’ (Article 1128), its various forms and functions today appear in several CC provisions.
DOI: 10.1017/cel.2025.3
Author: Elena Bargelli
Institution: University of Pisa
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,450
OpenAlex ID: W4411618811