The German Law of Unjustified Enrichment and Restitution

Author: Gerhard Dannemann
Publisher: Oxford University Press on Demand
ISBN: 0199533113
Format: PDF
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This text provides a comprehensive description in the English language of the German law of unjust enrichment, by explaining how this works in the context of German law, and by discussing the implications this would have if the German system were implemented in an English legal environment.

Unjustified Enrichment

Author: David Johnston
Publisher: Cambridge University Press
ISBN: 9781139432634
Format: PDF, ePub, Docs
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Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.

Unjust Enrichment in South African Law

Author: Helen Scott
Publisher: A&C Black
ISBN: 1782251391
Format: PDF, Kindle
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Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.

Elgar Encyclopedia of Comparative Law Second Edition

Author: J. M. Smits
Publisher: Edward Elgar Publishing
ISBN: 1781006105
Format: PDF, Docs
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Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

Understanding Unjust Enrichment

Author: Jason W. Neyers
Publisher: Hart Publishing
ISBN: 1841134236
Format: PDF, Kindle
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This book is a collection of articles based on Understanding Unjust Enrichment, a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib

The Restatement Third Restitution and Unjust Enrichment

Author: Charles Mitchell
Publisher: A&C Black
ISBN: 1782251375
Format: PDF, ePub
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The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

Towards a European Civil Code

Author: A. Hartkamp
Publisher: Kluwer Law International
ISBN: 9041110313
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On its first appearance in 1994, Towards a European Civil Code ushered in the new field of European private law. After its publication a great number of major events took place. to mention only a few: both the UNIDROIT and the Lando Commission published their Principles; Markesinis published a book on the gradual convergence of common law and civil law in Europe, Ktz and Von Bar published the first book on European Contract Law, and European Tort Law, respectively; the Trento Project on the Common Core of Private Law in Europe was commenced by Mattei and Bussani; and an international conference was held in the Hague under the very title Towards a European Civil Code . These events, and indeed many others, convinced us that the idea of a commonly held civil code for Europe is not as bold as it might have seemed when we started preparations for the first edition of this book in 1991. European private law has become an established field of research in which many eminent scholars from all over Europe are involved. Courses on European private law are taught at several European universities. All these events - and the commercial success of the first edition - call for this second edition, which differs from the first in several respects. First, we have added several new subjects, which have increased the number of chapters from 23 to 36. Secondly, we no longer asked the contributors to discuss the feasibility of a European civil code - except for a few chapters which deal with completely new topics - but instead to directly address the possible content of common rules. Thirdly, we are glad to welcome some new authors for some of the subjects already included in the first edition. Finally, all chapters have been updated.

Unjustified Enrichment

Author: Jack Beatson
Publisher: Hart Pub Limited
ISBN:
Format: PDF, Mobi
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This work concerns the law of restitution and contains a wide selection of extracts from the basic texts and commentaries. The materials are chosen and ordered so as to foster comparative study, prefaced by comparative introductions and complemented with annotations.

Wrongful Enrichment

Author: Nahel Asfour
Publisher: Bloomsbury Publishing
ISBN: 1782257063
Format: PDF, Mobi
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This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.

Themes in Comparative Law

Author: Bernard Rudden
Publisher: Oxford University Press on Demand
ISBN:
Format: PDF, Docs
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Compiled in honour of Bernard Rudden, this is a book of essays in comparative law centering on the contribution which comparative analysis can make to the core subjects of private law, namely property and obligations. The essays are contributed by leading academics from all over the world, all of whom owe an intellectual debt to the honorand. The book is intended for practitioners, academics and students of comparative law and private law, in particular in the fields of property and obligations.