Unit 4: Condictio Causa Data Non Secuta
Distinguishing features of the Secuta – 1. Futura causa • A causa futura /a future cause = both parties wanted to achieve a certain future outcome but fail to realize it. • You transfer property or pay money to induce an agreed certain lawful outcome in the FUTURE. • The Secuta is used when a transaction or transfer of property takes place on the false assumption that a particular future cause/future event will take place but it does not. • A person performs ito a contract/agreement subject to a modus/counter-performance and the reciprocal obligation is not fulfilled by the other party. • In both these instances you have a future cause that the parties performance was aimed at achieving. • A valid contract but the assumption failed or the modus was not completed, which leads to the future causa falling away rendering the performance sine causa . • The availability of the Secuta is dependant on circumstances rather than requirements.