The South African Law Of Unjustified Enrichment
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The South African Law Of Unjustified Enrichment
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Author : J. E. Du Plessis
language : en
Publisher: Juta and Company Ltd
Release Date : 2012
The South African Law Of Unjustified Enrichment written by J. E. Du Plessis and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Unjust enrichment categories.
Unjustified Enrichment In South African Law
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Author : J. C. Sonnekus
language : en
Publisher:
Release Date : 2008
Unjustified Enrichment In South African Law written by J. C. Sonnekus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Unjustified Enrichment
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Author : Daniel Visser
language : en
Publisher: Juta and Company Ltd
Release Date : 2008
Unjustified Enrichment written by Daniel Visser and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This is the first title on the South African law of unjustified enrichment, covering the entire field of this area of the law. It aims not only at giving an accurate description of the current law, but also to investigate new solutions to old problems, making use of comparative insights. The book is structured in an accessible way to make it possible for anyone easily to locate the law relevant to the specific problem that is being investigated -- and to allow those who are not familiar with the subject to find their way into it.
Unjust Enrichment In South African Law
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Author : Helen Scott
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Unjust Enrichment In South African Law written by Helen Scott and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
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.
Unjustified Enrichment
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Author : Sieg Eiselen
language : af
Publisher: Butterworth-Heinemann
Release Date : 1993
Unjustified Enrichment written by Sieg Eiselen and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
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.
Research Handbook On Unjust Enrichment And Restitution
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Author : Elise Bant
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-07-31
Research Handbook On Unjust Enrichment And Restitution written by Elise Bant and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-31 with Law categories.
This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
Wille S Principles Of South African Law
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Author : George Wille
language : en
Publisher:
Release Date : 1991
Wille S Principles Of South African Law written by George Wille and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Civil law categories.
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.
Cases Materials And Texts On Unjustified Enrichment
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Author : Jack Beatson
language : en
Publisher: Hart Publishing
Release Date : 2003-06-30
Cases Materials And Texts On Unjustified Enrichment written by Jack Beatson and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-06-30 with Law categories.
The casebook contains excerpts from legal commentaries, leading cases and legislation from the main legal traditions in Europe and beyond.
