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Table of Contents
Intro
Preface
Contents
Chapter 1: Introduction
1.1 Sources
1.2 Methodology
1.3 Chapters Outline
Case Law
Statutory Provisions
References
Books
Articles
Part I: Idea and Role of Consent in the Development of a Taxonomy of Contract in Ancient Law
Chapter 2: Consensualism in Roman Law
2.1 Introduction
2.2 Roman Formal ``Contracts ́́and Consent
2.2.1 Formalism and Consent
2.2.2 Ritualism and Consent
2.2.3 Roman Quasi-Informal and Informal Contracts, and Form
2.2.4 Stipulatio and the Erosion of Form
2.2.5 Adaptation of the Roman Contractual Forms
2.2.6 Procedural Reform and Primacy of Consent
2.3 Conclusion
Statutory Provisions
References
Books
Articles
Chapter 3: Consensualism in mos gallicus and iuris Franco-Gallici
3.1 Introduction
3.2 Germanic Law and Formalism
3.3 Customary Law and Consensualism
3.4 Conclusion
Statutory Provisions
Canon Law
References
Books
Articles
Chapter 4: Consensualism in Modern Law
4.1 Introduction
4.2 Canon Law and Roman Gloss
4.3 Natural Law and the Rise of the Ius Commune
4.4 Conclusion
Statutory Provisions
Roman Law
Canon Law
References
Books
Articles
Part II: Reception, Relevance, Evolution, and Implications in the Civil Code of France: De Lege Lata
Chapter 5: Article 1101 and the Systematisation of Consent as a General Principle of Contract
5.1 Introduction
5.2 Reconstructing Conventio
5.2.1 Conventio as Mutual Consent: Consensual Approach
5.2.2 Conventio as Unilateral Consent: Voluntarist Approach
5.2.3 Consolidation of Consensualism and Voluntarism as False Opposites
5.3 Practical Consequences
5.3.1 Offer and Acceptance: Premise
5.3.2 Implication in the Civil Code
5.3.3 Developments Since Codification
5.3.4 Significance
5.4 Conclusion
Statutory Provisions
Roman Law
Case Law
Case Reports
References
Books
Articles
Chapter 6: Article 1108 et seq. and the Specification of the Consensual Doctrine
6.1 Introduction
6.2 Defects in Consent and the Vindication of the Consensual Doctrine
6.3 Cause: An Agency of the Efficacy of Consent
6.3.1 Meaning and Implications
6.3.1.1 Reconstruction of the Meaning of Causa in the Civil Code
6.3.1.2 Judicial Specification
6.3.1.3 Jurisprudential Developments
Causa as a Lawful and Equitable Object
Causa as a Requirement for Consideration
Causa as an Instrument of Social Control
Chronopost and the Implication of Causa as a Tool of Business Efficacy and Sufficient Consideration
6.3.1.4 Implications
6.3.2 Doctrinaire Reconsiderations of Causation as an Agency of Consent: Pro-Causalism -v- Anti-Causalism
6.3.2.1 Pro-Causalism and the Extension and Vindication of Causa
6.3.2.2 Anti-Causalism and the Dismissal of Causa as a Useless Doctrine
6.3.2.3 Critique
Preface
Contents
Chapter 1: Introduction
1.1 Sources
1.2 Methodology
1.3 Chapters Outline
Case Law
Statutory Provisions
References
Books
Articles
Part I: Idea and Role of Consent in the Development of a Taxonomy of Contract in Ancient Law
Chapter 2: Consensualism in Roman Law
2.1 Introduction
2.2 Roman Formal ``Contracts ́́and Consent
2.2.1 Formalism and Consent
2.2.2 Ritualism and Consent
2.2.3 Roman Quasi-Informal and Informal Contracts, and Form
2.2.4 Stipulatio and the Erosion of Form
2.2.5 Adaptation of the Roman Contractual Forms
2.2.6 Procedural Reform and Primacy of Consent
2.3 Conclusion
Statutory Provisions
References
Books
Articles
Chapter 3: Consensualism in mos gallicus and iuris Franco-Gallici
3.1 Introduction
3.2 Germanic Law and Formalism
3.3 Customary Law and Consensualism
3.4 Conclusion
Statutory Provisions
Canon Law
References
Books
Articles
Chapter 4: Consensualism in Modern Law
4.1 Introduction
4.2 Canon Law and Roman Gloss
4.3 Natural Law and the Rise of the Ius Commune
4.4 Conclusion
Statutory Provisions
Roman Law
Canon Law
References
Books
Articles
Part II: Reception, Relevance, Evolution, and Implications in the Civil Code of France: De Lege Lata
Chapter 5: Article 1101 and the Systematisation of Consent as a General Principle of Contract
5.1 Introduction
5.2 Reconstructing Conventio
5.2.1 Conventio as Mutual Consent: Consensual Approach
5.2.2 Conventio as Unilateral Consent: Voluntarist Approach
5.2.3 Consolidation of Consensualism and Voluntarism as False Opposites
5.3 Practical Consequences
5.3.1 Offer and Acceptance: Premise
5.3.2 Implication in the Civil Code
5.3.3 Developments Since Codification
5.3.4 Significance
5.4 Conclusion
Statutory Provisions
Roman Law
Case Law
Case Reports
References
Books
Articles
Chapter 6: Article 1108 et seq. and the Specification of the Consensual Doctrine
6.1 Introduction
6.2 Defects in Consent and the Vindication of the Consensual Doctrine
6.3 Cause: An Agency of the Efficacy of Consent
6.3.1 Meaning and Implications
6.3.1.1 Reconstruction of the Meaning of Causa in the Civil Code
6.3.1.2 Judicial Specification
6.3.1.3 Jurisprudential Developments
Causa as a Lawful and Equitable Object
Causa as a Requirement for Consideration
Causa as an Instrument of Social Control
Chronopost and the Implication of Causa as a Tool of Business Efficacy and Sufficient Consideration
6.3.1.4 Implications
6.3.2 Doctrinaire Reconsiderations of Causation as an Agency of Consent: Pro-Causalism -v- Anti-Causalism
6.3.2.1 Pro-Causalism and the Extension and Vindication of Causa
6.3.2.2 Anti-Causalism and the Dismissal of Causa as a Useless Doctrine
6.3.2.3 Critique