Consideration
From Common law
Contract and obligations
What it means
In common-law systems, a promise is usually enforceable as a contract only if each side gives something of value in return: money, a promise, or giving something up. That 'something' is called consideration.
Why it travels badly
Civil-law systems do not ask whether each side gave value. A contract is binding because the parties agreed, as long as the agreement is lawful and meets the code's requirements. So there is no word that means exactly 'consideration'.
How other systems say it
cause / contrepartie
French law used to require a 'cause' (the reason for the promise). Since the 2016 reform it asks instead for a lawful, certain content, and has a rule against contracts with an illusory or derisory return.
no equivalent
A contract is binding by agreement alone. A promise to make a gift, though, needs notarial form (section 518 BGB), which does the job consideration does in English law.
Spain and Italy
causa
The Spanish and Italian codes still require a causa, which is closer to the purpose or economic reason of the contract than to what each side gives.
Tip for translators and students
Translate 'consideration' as 'consideration (in the common-law sense)' and add a short explanation. Do not use 'cause' or 'counterpart' as if they were the same thing.
See the Legal Dictionary entry →
Related: Good faith, Obligation and Schuldrecht
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
