Causal transaction
Causal transaction is a term from legal business theory . It is to be distinguished from the concept of causality .
meaning
Because of the abstraction principle , causal business is to be distinguished from abstract business in German law .
Causal transactions are legal transactions from which the abstract transaction is based on the legal basis ( Latin "causa"). For them, the cause of the donation is part of the business. The causal business justifies the abstract business. Most of the commitment deals are causal deals.
Example:
Viktor sells his car to Klaus. This means in detail:
Viktor agrees to hand over the car to Klaus and to give him ownership of it. Klaus undertakes to pay the agreed purchase price and to take the car from Viktor (contractual obligation or causal transaction, purchase contract according to § 433 BGB). In fulfillment of his obligation Viktor hands over and assigns the car to Klaus, Klaus hands over and assigns the money to Viktor (real or abstract disposal transaction according to § 929 BGB).
If the purchase contract was ineffective for any reason, the transfer of ownership takes place without legal grounds. But it remains effective. Viktor and Klaus have mutual claims to the return of the car or the money according to the rules of enrichment law .
According to the causal principle applicable in Austria, for example , the effectiveness of the disposition transaction depends on the effectiveness of the underlying causal transaction. In Germany, this is only the case if a so-called business unit has been agreed by the contractual partners .
