The concept of Causa of the Contract in Bello’s Civil Code: the Ecuadorian experience

• Main Author: Oscar Andres Del Brutto
• Format: Article
• Language: Spanish
• Published: Universidad San Francisco de Quito 2018-12-01
• Series: Iuris Dictio
• Subjects: Andrés Bello’s Civil Code; Causa; Lawful Causa; Illicit Causa

Causa is a requirement for the validity of contracts under Bello´s Civil Code. One of the doctrinal debates surrounding causa refers to its very concept. While some authors believe that Bello’s Civil Code refers to fnal causa, this is, an immediate purpose determined by the contract´s nature, other authors believe that it refers to impulsive causa, this is, the subjective motives that motivated the parties to contract. Tis paper argues that Bello´s Civil Code refers to impulsive causa. Judgments of Ecuadorian Cassation Court are consistent with this position, because in most cases in which the court has referred to causa in order to determine the validity of a contract, it has applied the concept of impulsive causa. Tis legal and jurisprudential choice for impulsive causa means a greater level of judicial control on contracts and a greater degree of restrictions to the autonomy of the will.