BOOK: Bruno RODRÍGUEZ-ROSADO, Rocío CARO GÁNDARA & Antonio LEGERÉN-MOLINA (eds.), Cause and Consideration: Exploring the Foundations of Contract Law (Oxford: Hart Publishing, 2025), pp. 293+xix, ISBN: 978-1509971398, £70.00

(Source: Hart Publishing)

ABOUT THE BOOK:

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English), complex questions of both academic and practical importance.

ABOUT THE EDITORS:

Bruno Rodríguez-Rosado is Professor of Law at the University of Málaga, Spain.

Rocio Caro is Professor of Law at the University of Málaga, Spain.

Antonio Legerén-Molina is a Professor of Law at the University of A Coruña, Spain.

ABOUT THE AUTHORS:

Gregor Albers, Francisco-Javier Andrés Santos, John Cartwright, Wojciech Dajczak, David Deroussin, Olivier Deshayes, Birke Häcker, David Ibbetson, Nils Jansen, Juan-Pablo Murga, João de Oliveira Geraldes, Francesco Patti, Rocío Caro, Antonio Legerén-Molina, Bruno Rodríguez-Rosado.

TABLE OF CONTENTS:

Part I. Origins and Historical Development

1. Roman Origins: Typicity of Contracts in Roman Law, FJ Andrés, University of Valladolid

2. Medieval Development, João de Oliveira Geraldes, University of Lisbon

3. The Rise and Fall of Consideration in English Law, D Ibbetson, University of Cambridge

4. The Cause in Modern Doctrine and Early Codifications, D Deroussin, University of Lyon

5. The Decline of Cause, W Dajczak, University of Poznan

Part II. National Reports

6. The Role of Consideration in English Law, J Cartwright, University of Oxford

7. The French Development, O Deshayes, University of Paris-Nanterre

8. The Use of Cause of Contract in Spanish Law, A Legerén-Molina, University of Coruña

9. Germany and its Rejection of the Cause, G Albers, University of Linz

10. The Italian Variant, F Patti, Bocconi University of Milan

Part III. Functions of Cause and Consideration

11. Cause, Consideration and the Enforceability of Promises, B Rodríguez-Rosado, University of

Málaga

12. Cause and the Control of Legality and Morality of Contracts, JP Murga, University of Seville

13. Cause, Consideration and Frustration of Contract, R Caro, University of Málaga

14. Cause, Consideration and Unjust Enrichment, B Häcker, University of Bonn

Part IV. Final Conclusions

15. Rethinking Cause and Consideration, N Jansen, University of Münster