The German Law Of Unjustified Enrichment And Restitution
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The German Law Of Unjustified Enrichment And Restitution
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Author : Gerhard Dannemann
language : en
Publisher: Oxford University Press, USA
Release Date : 2009
The German Law Of Unjustified Enrichment And Restitution written by Gerhard Dannemann and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Language Arts & Disciplines categories.
Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.
Unjustified Enrichment
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Author : Paul W. L. Russell
language : de
Publisher: Vu University Press
Release Date : 1996
Unjustified Enrichment written by Paul W. L. Russell and has been published by Vu University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Restitution At The Crossroads
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Author : Thomas Krebs
language : en
Publisher: Routledge
Release Date : 2001
Restitution At The Crossroads written by Thomas Krebs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This book contrasts two competing models of unjust enrichment liability: the common law model and the civil law model. The former bases restitution on concrete, pragmatic 'unjust factors', rendering an enrichment unjust in the eyes of the law, while the latter operates with the negative requirement that restitution will follow if an enrichment is not supported by a 'legal ground' or 'juristic reason'. The common law of unjust enrichment is a very young subject, while its civil law counterpart is based on two millennia of development. Should English law therefore accept that the civil law model is superior and adopt an anglicised version of 'legal ground' reasoning? This is indeed suggested by German commentators, and the English case law seems to be moving English enrichment law in that direction. This book considers such arguments by examining the reasons for restitution in English and German law.
Unjustified Enrichment
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Author : David Johnston
language : en
Publisher:
Release Date : 2005-01-28
Unjustified Enrichment written by David Johnston and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-28 with Law categories.
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 And The Law Of Contract
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Author : E. Schrage
language : en
Publisher: Springer
Release Date : 2001-12-21
Unjust Enrichment And The Law Of Contract written by E. Schrage and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-12-21 with Law categories.
Selection of papers read during a conference in Amsterdam on 18-20 October 2000 commemorating Marcel Henri Bregstein (1900-1957).
The Scope And Structure Of Unjust Enrichment
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Author : Duncan Sheehan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-22
The Scope And Structure Of Unjust Enrichment written by Duncan Sheehan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-22 with Law categories.
This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as necessity should be excluded from the subject area. The book concludes with a treatment of defences.
Understanding Unjust Enrichment
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Author : Jason W Neyers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-04-20
Understanding Unjust Enrichment written by Jason W Neyers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04-20 with Law categories.
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.
Restitution Law Review
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Author :
language : en
Publisher:
Release Date : 1999
Restitution Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Restitution categories.
The Principle Of Unjust Enrichment
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Author : Alexander Schall
language : en
Publisher:
Release Date : 2024-01-15
The Principle Of Unjust Enrichment written by Alexander Schall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-15 with categories.
The principle of unjust enrichment came into fruition under English law in the last decade. It is now accepted that the four-stage-test "enrichment", "at the expense", "unjust factor" and "no defences" triggers remedies in restitution. Unjust enrichment resembles Civilian unjustified enrichment in many ways. But it also differs considerably in others, just as do French and German unjustified enrichment. The book aims to explain this.
The Foundations Of Restitution For Wrongs
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Author : Francesco Giglio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-03-06
The Foundations Of Restitution For Wrongs written by Francesco Giglio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-06 with Law categories.
'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim. The establishment of a civil trial in Roman law, which left compensation as the main response, and a widespread, loss-centred interpretation of the Aristotelian theory of corrective justice explain, but do not justify the difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture. To overcome some of these problems, this study considers the basic structure of restitutionary damages from different angles. In part one, the topic is analysed from a comparative perspective. Although the focus remains on English law, the German, the Italian and the Roman jurisdictions provide research data which, in part two, support the development of a theory of restitution for wrongs as corrective justice.