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The Principle of Unjust Enrichment
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.
exaly +4 more sources
Unjust enrichment: Comparative legal review [PDF]
Zbornik Radova: Pravni Fakultet u Novom Sadu, 2023 Unjust enrichment is very highly positio ned as one of the sources of obligations in the Law on Obligations. Research of comparative legal literature (both doctrinal type and judgments of national courts) indicated significant differences in the attitude
Pajtić Bojan L.
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The relationship between condictio and version in REM in modern law [PDF]
Glasnik Advokatske komore Vojvodine, 2023 In this paper, the author analyses a lawsuit for unjust enrichment through the prism of two institutes: condictio and actio de in rem verso. The origin of these two notions is linked to Roman law, although their essence has been drastically changed in ...
Stefanović Aleksandra
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Rethinking Unjust Enrichment: Advancing Distributive Justice in Indonesian Law
Rechtsidee: Law Journal, 2023 This study aims to analyze the development of the unjust enrichment doctrine in Indonesia from a progressive legal perspective. Employing normative legal research with conceptual, comparative, and legislative approaches, the study confirms that the ...
Rian Ganggas Puspatara +1 more
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The Nature of Intellectual Rights’ Infringement in Islamic Jurisprudence and Law of Iran in Terms of Compensation; With a View on US Law [PDF]
پژوهش تطبیقی حقوق اسلام و غرب, 2021 Intellectual property rights infringement is wrong that has both civil and criminal aspects. In civil aspect it is followed by compensation and in criminal terms, it causes the imposition of punishment on the violator of the right.
mahsa madani +3 more
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Unjust Enrichment And Libertarianism
Polish Political Science Review, 2022 Abstract The present paper takes on the question of whether the doctrine of unjust enrichment is compatible with libertarianism. Despite Walter Block’s recent arguments to the contrary, the paper argues that unless a gain is received in accordance with the libertarian principles of justice, it is without a basis and thus unjust.
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Condictional liability in the Roman law [PDF]
Anali Pravnog Fakulteta u Beogradu, 2014 Condiction refers to an action that originates in Roman Law and was used for the restitution of a thing found with the defendant unjustifiably (sine causa).
Cvetković-Đorđević Valentina
doaj +1 more source
Revista Vasca de Administración Pública, 2021 When the Spanish Administration assumes payment commitments derived from contracts, without having the prior budget or exceeding the preexisting credit, those expenses will be automatically void.
Alejandro D. Leiva López
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Basic characteristics of unjust enrichment in domestic and comparative law [PDF]
Megatrend RevijaIn this scientific paper, an analysis of the basic characteristics of unjust enrichment in domestic and comparative law was made. During the research and preparation of scientific work, methods of analysis, inductive-deductive method and historical ...
Nikolova-Marković Aleksandra
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IN DEFENCE OF UNJUST ENRICHMENT [PDF]
The Cambridge Law Journal, 2019 AbstractThis article seeks to defend the law of unjust enrichment against the recent influential attacks of Robert Stevens (“The Unjust Enrichment Disaster” (2018) 134 LQR 574) and Lionel Smith (“Restitution: A New Start?” in Devonshire and Havelock, The Impact of Equity and Restitution in Commerce (2018), ch. 5). A central argument here put forward is
openaire +2 more sources