Re:Italian Courts Find Open Source Software Terms Enforceable
by jkaplowitz on Monday December 27, 2021 @11:17PM
(#29710320)
That's not true in most of continental Europe, nor in Quebec (Canada), since their legal system has a different origin than what you're describing.
Using Quebec's terminology by way of example, a contract where an advantage is given in exchange for rendering the obligation (so roughly a contract with consideration) is called an onerous contract, and most typical contracts for services fall into this category. The kind where one obligates oneself without receiving an advantage in return is called a gratuitous contract, and they classify gifts in this category.
Re:Italian Courts Find Open Source Software Terms Enforceable
by gpderetta on Monday December 27, 2021 @03:24PM
(#29706397)
IANAL, but as far as I know consideration is usually a feature of common law not civil law.
Re:Italian Courts Find Open Source Software Terms Enforceable
by jkaplowitz on Monday December 27, 2021 @11:21PM
(#29710345)
Correct. As per my direct reply to the person you're responding to, the kind of concept that's analogous to a contract with consideration is called an onerous contract and the kind that lacks it is a gratuitous contract. (Quebec terminology; it's a standard continental European style civil law system with its ultimate main origin in the Custom of Paris which governed most French colonies until 1763.)
There are lot of nuances what constitutes consideration, it varies by jurisdiction and also there is lot of common law ( i.e. based on judicial precedents ) that can be complicated and only experts could really could even a given opinion on that and only way to be really know is after that issue comes up in a case for first time in that jurisdiction.