Causal principle (law)
The causal principle or the principle of causal tradition is a guiding principle of Austrian legal business theory .
Although Austrian law separates the obligation or causal transaction (e.g. purchase contract) and disposal transaction (e.g. transfer of ownership ) just as strictly as German law, it does not allow either an abstract obligation or an abstract disposal transaction. Rather, both must be causal.
The obligation transaction must be causal in the sense that it has a reason that makes it economical. In a sales contract, this is z. B. the interest of one side in a cause and the other side in receiving money.
Furthermore, the transaction must be causal in the sense that it is only effective if it is based on an effective obligation (principle of causal tradition).
The result is the following scheme: economic purpose → causal link → obligation transaction → causal link → disposition transaction
According to the abstraction principle applicable in German law , the disposition transaction is effective even without an effective causal transaction. Something else only applies if the contracting parties have agreed a so-called business unit .
