Unjustified Enrichment: Key Issues in Comparative PerspectiveDavid Johnston, Reinhard Zimmermann In recent years 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 here, 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. |
Contents
PART II Enrichment without legal ground or unjust factor approach | 35 |
PART III Failure of consideration | 101 |
PART IV Duress and fraud | 157 |
PART V Change of position | 225 |
PART VI Illegality | 287 |
PART VII Encroachment and restitution for wrongs | 325 |
PART VIII Improvements | 367 |
PART IX Discharge of another persons debt | 431 |
PART X Thirdparty enrichment | 491 |
PART XI Proprietary issues | 569 |
PART XII Taxonomy | 625 |
| 730 | |
Other editions - View all
Unjustified Enrichment: Key Issues in Comparative Perspective David Johnston,Reinhard Zimmermann No preview available - 2011 |
Unjustified Enrichment: Key Issues in Comparative Perspective David Johnston,Reinhard Zimmermann No preview available - 2002 |
Common terms and phrases
another's approach Bank benefit breach of contract Burrows change of position civil law civilian claimant common law condictio indebiti Constructive Trusts counter-restitution Court creditor Dannemann debt debtor defendant defendant's discharge duress English law enrichment claim enrichment law equity example fact failure of consideration fraud German law ground of restitution House of Lords Ibid illegality improvements indirect enrichment Law of Contracts Law of Obligations Law of Restitution law of unjust law of unjustified legal ground liability Lord Goff loss Markesinis mistake of law mistaken negotiorum gestio owner payment performance person Peter Birks plaintiff principle proprietary question reason recipient recognised recompense recover recovery remedy requirement rescission restitutio in integrum Restitution LR restitutionary claim restitutionary damages rule Scotland Scots law Scottish Law Commission subsidiarity taxonomy third party three-party transaction transfer unjust enrichment unjust factors unjustified enrichment unwinding void Zimmermann

