In France, an ordinary contract is said to kind simply on the idea of a “meeting of the minds” or a “concurrence of wills”. Their ‘abstraction precept’ implies that the non-public obligation of contract varieties individually from the title of property being conferred. When contracts are invalidated for some reason (e.g. a automobile buyer is so drunk that he lacks authorized capacity to contract) the contractual obligation to pay could be invalidated individually from the proprietary title of the automobile. Unjust enrichment law, quite than contract law, is then used to revive title to the rightful owner.
Following Montesquieu’s principle …