Unjustified Enrichment: Key Issues in Comparative PerspectiveUnjustified 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. |
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Contents
a study of rescission | 6 |
Unjust factors and legal grounds | 37 |
In defence of unjust factors | 76 |
Failure of consideration | 103 |
Failure of consideration | 128 |
Change of position | 227 |
restitutio | 243 |
Illegality | 289 |
Enrichment by improvements in Scots law | 384 |
French | 433 |
Payment of anothers debt | 458 |
direct and indirect | 493 |
enrichment | 526 |
Proprietary issues | 571 |
Property subsidiarity and unjust enrichment | 588 |
Taxonomy | 627 |
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
action allowed Appeal apply approach argued arise authority Bank basis benefit Birks breach building causa cause civil claim claimant Code common Comparative concerned condictio consequences consideration contract Court creditor damages debt debtor decision defendant discharge effect English law entitled example exist expense fact failed failure failure of consideration fraud German law give ground held House illegality improvements interest Law of Restitution legal ground liability Lord loss matter means mistake mistaken nature obligation owner paid particular payment performance person plaintiff position possible principle problem protection question reason received recipient recognised recover recovery regarded remedy Reports requirement restitutionary result retain rule Scotland Scots law seems situation third party tort transaction transfer trust unjust enrichment unjust factors unjustified enrichment valid void wrong