DISCUSSION ON THE CONCEPT OF CAUSA IN CONTRACT LAW: A REVIEW OF THE ROMAN HISTORICAL BACKGROUND AND CONTEMPORARY THEORIES
Samir MANIĆ, Imran RAŠLJANIN, Senad GANIĆ, Sead KADRIĆ
Abstract
The paper discusses the impact of causa on the validity of obligations in contract law. Given that many institutions in modern law trace their origins to Roman law, the paper begins by presenting the role of the cause of obligation in Roman law. The authors then analyzes the causal and anti-causal positions of legal theory, emphasizing that the cause of contractual obligation is a highly debatable institute of the law of obligations. The final part of the paper is dedicated to the cause of contractual obligation in our contract law. Considering that the Law on Obligations accepts both subjective and objective conceptions of the cause of contractual obligation.
Pages:
337 - 344