The cause in contractual matters
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The French Civil Code of 1804, broadly taken up by Cameroon, made cause one of the conditions of validity of a contract. As the analysis of the jurisprudence attests. Whereas, in common law of contracts, the notion of cause, of licit cause is a determining factor in the conclusion of conventions. It is very tempting to believe that France, through the entry into force of the ordinance of February 10, 2016, has eradicated the cause as a condition of validity of the contract. However, this is not the case insofar as if one believes a priori that the notion of cause has disappeared, it has, again...
The French Civil Code of 1804, broadly taken up by Cameroon, made cause one of the conditions of validity of a contract. As the analysis of the jurisprudence attests. Whereas, in common law of contracts, the notion of cause, of licit cause is a determining factor in the conclusion of conventions. It is very tempting to believe that France, through the entry into force of the ordinance of February 10, 2016, has eradicated the cause as a condition of validity of the contract. However, this is not the case insofar as if one believes a priori that the notion of cause has disappeared, it has, against all expectations, been absorbed by the expression content of the contract. Consequently, it exists but is simply obscured.
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