Unjustified Enrichment: Key Issues in Comparative PerspectiveDavid Johnston, Reinhard Zimmermann 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. |
Contents
2 | 37 |
THOMAS KREBS | 76 |
a study of rescission | 159 |
Restitution without enrichment? Change of position | 227 |
restitutio | 243 |
The role of illegality in the English | 289 |
Illegality as defence against unjust enrichment claims | 310 |
Reflections on the role of restitutionary damages | 327 |
direct and indirect | 493 |
enrichment | 526 |
Proprietary issues | 571 |
3 | 582 |
Property subsidiarity and unjust enrichment | 588 |
76 | 606 |
4 | 618 |
does it matter? | 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
approach Bank benefit Bereicherung Burrows causa data causa causa non secuta cause of action change of position civil law civilian claimant common law condictio causa data condictio indebiti counter-restitution creditor Dannemann debt debtor defendant defendant's discharge doctrine English law enrichment claim enrichment law equity example fact failure of consideration German law ground of restitution House of Lords Ibid illegality improvements Kleinwort Benson Law of Contracts Law of Obligations Law of Restitution law of unjust law of unjustified legal ground Lord Goff loss Markesinis mistake of law mistaken owner paid payment performance Peter Birks plaintiff principle proprietary question reason recipient recognised recover recovery remedy requirement rescission restitutio in integrum Restitution LR restitutionary claim rule Scotland Scots law subsidiarity swaps third party tion total failure transaction transfer ultra vires unjust enrichment unjust factors unjustified enrichment unwinding valid Zimmermann