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Classification and Unjust Enrichment [PDF]
SSRN Electronic Journal, 2004 This is a review article of Peter Birks, Unjust Enrichment (OUP, 2003) , criticising the argument for the introduction into English law of a doctrinal category of unjust enrichment, and discussing the role of justificatory and formal categories in the law and the nature of Birks's classification.
Jaffey, P
openaire +3 more sources
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
THE SUBSIDIARY NATURE OF THE UNJUST ENRICHMENT ACTION. CONTRACT-BASED ACTION VS. ACTIO DE IN REM VERSO. JURISPRUDENCE SEPARATION ONLY [PDF]
Challenges of the Knowledge Society, 2014 For the purpose of recovering a paid amount within the insured sum, however, in addition to the owed amount, the insurer sues his client for claims. Does the insurer have, to this end, a cleared way towards unjust enrichment?
Eugenia VOICHECI
doaj +2 more sources
THE PRINCIPLE OF UNJUST ENRICHMENT FROM THE EUROPEAN CODES TO THE EUROPEAN CIVIL CODE [PDF]
Challenges of the Knowledge Society, 2012 Despite a very long history and the unanimous recognition of solid moral grounds, the principle of unjust enrichment found its place in the legal systems only very late and its acceptance occurred after many hesitations and imposed many conditions for ...
IRINA ANGHEL
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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
doaj +1 more source
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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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
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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
doaj +1 more source