The word "cause" is used in different senses. First in common parlance, it means causing some effect. In this sense, the presence of a flint on a rural road explains the bursting of the tire of a car. This is the immediate cause.
In procedural law, the word is used as a synonym for "business" or "trial". So when, early in the hearing, the judge presiding over the debate, calls on the parties listed on to decide to withhold records cases to be argued, to strike out or dismiss them, he makes "the case is called. It is in this sense that the procedure is to sue another person in an ongoing proceeding is referred to as "the questioning". In this sense, when the case has been appealed to the court of second instance, we say that the procedure is "calling into question". On the causes of communication to the Public Prosecution, see the word "communication causes"
But the "cause" may also be the legal category that gives substance to the claim. Thus we speak of the Palace "because of the demand." The judge would decide "extra small" or "ultra petita changed if the cause of the application, for example by condemning the fault in an accident on the basis of Article 1384 § 1 of the Civil Code so that the demand before it, was based on Article 1386 of the Code.
When a trial or a ruling party condemns "as damages" or as provisional "or" by way of restitution, "he expresses the cause of the decision stating the reasons that justifies it. C ' is the reason in writing its decision or its decision, the magistrate did not consider it necessary to repeat in the device the legal category to which the sentence belongs, he writes "for the causes outlined above. It is also in this sense that the word "cause" is contained in section 1351 of the Civil Code. Finally
still used the word "issue" in another sense when it comes to substantive law. Without going into a doctrinal discussion which would be relevant in this paper indicate that the intention is to reward the cause of legacies and donations, and that in bilateral contracts, the cause of a benefit which a party to the contract is a creditor, is the corresponding benefit that the debtor has agreed to perform. Thus, in the sale, Award is the cause of delivery of the thing sold. This concept explains the provisions of the Civil Code "In the case" in Section IV of Chapter II of Title III. She founded the actions of articles 1371 and following of the Civil Code. The repayment of a sum of money which the refund is required then a payment without question been a procedure called Recovery of overpayments.
On an example of an unlawful debt of gratitude, see the decision of the first Civil Chamber of the Court of Cassation on 3 November 2004; Assoc. X c / S. : Juris-Data No. 2004-025433.
Under section 1131 of the Civil Code, "the obligation without a cause or a false cause, or on an unlawful basis, can have no effect. "Section 1133 of the Code states in this regard that" the cause is illicit, when it is prohibited by law, when it is contrary to morality or public order. "By order of October 29, 2004, (Ass. Plen. - October 29, 2004. BICC No. 612 of Feb. 1. 2005 Report of Mr. Bizot) the Court of Cassation, sitting in the Assembly Plenary, held that is not void as having a cause immoral liberality granted in connection with an adulterous relationship. This decision was made despite the findings do not conform to the Advocate General Mr. Allix. Read under reference above, the reporting judge's report and conclusions of the Advocate General, in particular on the legal aspects of dispute about the cause and morality, on the contrary cause morality in donations and view Table of Doctrine and the table of case law on this issue. See also relatively labor law section: Cause real and serious.
See also: Engaging and cause real and serious.
Texts
C. Civil art. 900, 1131, f., 1351.
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