E&E Unit 4.pdf - Unit 4 Condictio Causa Data Non Secuta Distinguishing features of the Secuta \u2013 1 Futura causa \u2022 A causa futura\/a future cause =

E&E Unit 4.pdf - Unit 4 Condictio Causa Data Non Secuta...

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Unit 4: Condictio Causa Data Non Secuta
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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.
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