Cause of the acquisition

Every acquisition has a cause. The consept of cause is also mainly used together with the acquisitive transactions and the cause justify in terms of the parties participating in the transaction and especially the winning party. There is no definition of the concept of cause in the law. Cause (causa), expresses the closest and typical purpose that gives the legal character to the transaction, on which the party making the acquire wants to reach directly, on which agreed upon by the parties. The purpose pursued by the acquisitive transactions is a typical purpose, means that the purpose does not change from person to person, is the same for everyone, regardless of who does the transaction. In this respect, the cause also expresses the objective result that the legal order connects to a transaction. The cause has two elements: the purpose of the winning party and the agreement of the parties on the purpose. The cause also determines the legal rules to be applied to the transaction, since it gives the legal character to the acquisition and therefore shows the legal nature of the transaction. In addition, the cause has a great importance in the establishment and validity of legal transactions and in this context, the acquisitive transactions. Because the cause constitutes one of the objective essential elements (essentialia negotii) of the contract. In this regard, declarations of intent must be consensus with each other on cause. The agreement of the parties regarding the purpose of acquisitive transaction is expressed as the "cause agreement". The cause for the acquisition made with a promissory transaction is included in the transaction made as an "internal cause" and and constitutes a essential element of the transaction. In this respect, promissory transactions are, as a rule, causal transactions. The cause for the acquisition made with a dispositive transaction appears in the form of "external cause" and expresses to the promissory transaction that forms the basis for this transaction. The fact that the cause for the dispositive transaction is in the form of an external cause bring forward the question whether the invalidity of the promissory transaction will affect the dispositive transaction. It is not possible to make a general statement on this issue, as it is determined as a result of the legal policy whether the dispositive transaction is causal or not. In terms of Turkish/Swiss law, it is highly controversial whether the acquisitive transactions other than the transfer of immovable ownership causal or not.