Cause of the contract

Abstract

Within the general contract theory, that of the cause is an issue that has serious difficulties in understanding, because there is not a unique theoretical construct that allows demarcate the cause as an element of validity of the act or the legal business, attributing to the notion legal autonomy with the consent or object. The difficulty arises from the different approaches and variants that each author presents to explain “how a future final purpose can be a cause of an act, which, consequently, would be prior to the final purpose.” The issue is also problematic since the rules related to the cause in our Civil Code, because of its scarcity and its location, have generated conflicting positions in the national doctrine.