The Research Of The Article 1967 Of The Louisiana Civil Code

There are both elements of common law and civil law in the article 1967 of the Louisiana Civil Code. The first section of this article is about the conception of cause of the civil law, the second section of this article is about the promissory estoppel of the common law .This article historically researches the relationship between the article 1967 of the Louisiana Civil Code and the cause theory, consideration theory and the promissory estoppel, and analyses the differences between the cause and the consideration, and researches the acception and alteration of the article 1967 of the Louisiana Civil Code to the cause theory, consideration theory and the promissory estoppel. On the basis of discussion above, the conclusion was reached ,that the article 1967 of the Louisiana Civil Code constitutes a flexible and stable system.The first chapter discusses the history of the cause theory and the acception and alteration to the cause theory of the Louisiana Civil Code, respectively researches the cause in the roman law ,the cause theory of glossarists ,commentators and the catholic jurisprudence, and researches the elimination of the conception of false cause by the legislator of the Louisiana Civil Code and the function of the cause theory of the Louisiana Civil Code.The second chapter discusses the history of the consideration theory and the relationship between the consideration theory and the cause theory; demonstrates that the cause in article 1967 of the Louisiana Civil Code isn't the consideration .The third chapter discusses the background of promissory estoppel and the acception and alteration of the article 1967 of the Louisiana Civil Code to the promissory estoppel .The last section of this article discusses the results of the combination of the cause theory of the civil law and the consideration theory of the common law, that is, there isn't"the death of the contract law"what happened in the common law ,however , a flexible and stable system is establishedThe analysis'of this article clear the elements of common law and civil law of the article 1967 of the Louisiana Civil Code ,and discover the fantastic combination of the two legal system .Along the course of analysis, this article compares the conception of cause and consideration .