The Evolution of Causa in Italian Contract Law: From State Control to Contractual Autonomy

This chapter aims to shed light on the legal-philosophical foundations of the Italian legal system and to examine their interplay with the French tradition, providing context for recent developments in Italian case law. It begins with a historical overview of the concept of causa in the Italian Civil Codes of 1865 and 1942 (Section II). This is followed by an outline of the current legal framework governing causa (Section III). The analysis then turns to selected case law examples that illustrate the practical function of causa in contract law (Section IV). In light of the criticisms raised by various Italian scholars, the chapter concludes with reflections on the future role and relevance of causa in the Italian legal system (Section V).