论约因与原因--一个比较法的视角

文章探讨了英美法上的约因和大陆法上的原因的具体含义与功能,指出约因和原因在内容、适用范围、操作方式等方面存在很大的差异,但是它们均为合同效力的控制器.在此基础上文章分析了其成因,并对意思自治和法律继受提出了自己的观点.

On Cause and Consideration--From the Perspective of Comparative Law

After researching the meaning and the function of the cause (a conception from civil law system) and consideration (a conception from common law system), the author points out that cause and consideration have many differences not only in meaning but also in operation ,and they can be applied in very different circumstances , but they are similar in controlling the effectiveness of a contract. On this foundation, the author analyses how these differences form; at the same time, the author express their opinions on the autonomy of will and transplantations of laws.