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2002
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 ...
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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 ...
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A Systematic Approach to 'Unjust' and 'Unjustified' Enrichment [PDF]
Oxford Journal of Legal Studies, 2003 The law of enrichment addresses situations of misplacing wealth. It is not clear in English law whether the restitutionary claim in enrichment requires an ‘unjust’ or an ‘unjustified’ transfer of wealth. The author argues that the two adjectives indicate the existence of two claims, which differ in their structures and aims.
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Unjustified enrichment: surveying the landscape
2002Preliminary questions ‘Unjustified enrichment’. The expression is mysterious. So are the other terms in use for the same subject, ‘unjust enrichment’ and ‘restitution’. What is an enrichment and when is it unjustified? To state that something amounts to unjustified enrichment is merely a conclusion, that because the enrichment is unjustified it ...
David Johnston, Reinhard Zimmermann
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Unjustified Enrichment in International Law
The American Journal of Comparative Law, 1974A comparative examination of remedies for situations commonly referred to as unjustified enrichment in domestic legal systems, reveals a confusing variety of declarations of the highest degree of abstraction and of prescriptions of the most technical kind.1 Statements like: "A person who has been unjustly enriched at the expense of another is required ...
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Illegal Contracts and Unjustified Enrichment
Edinburgh Law Review, 2000If a contract is treated as an illegal contract, the contracting parties are denied the contractual remedies which would normally be available to them on breach of contract. The contract may, however, have been partially performed. For example, one contracting party may have delivered goods and received no payment from the other contracting party.
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The Cambridge Law Journal, 1934
When we contemplate the havoc which has been wrought in the field of English law by the enunciation of maxims of a rhetorical character —some of which are of uncertain origin and still more uncertain operation—it may, perhaps, seem strange that our law is so unreceptive when it comes to be a question of applying a broad general principle such as that ...
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When we contemplate the havoc which has been wrought in the field of English law by the enunciation of maxims of a rhetorical character —some of which are of uncertain origin and still more uncertain operation—it may, perhaps, seem strange that our law is so unreceptive when it comes to be a question of applying a broad general principle such as that ...
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Unjustified Enrichment in China: An Uncertain Path
2023Abstract This chapter analyses the judicial approach adopted by Chinese courts, particularly the Supreme People’s Court, in developing a critical foundation for the law of unjustified enrichment in China. It reveals that considerable uncertainty remains with the ‘absence of basis’ approach and that flexible yet elusive notions such as ...
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Unjustified Enrichment in Comparative Perspective
2006Unjustified enrichment confronted both civil and common lawyers with thinking which was often completely outside the paradigm to which they had become accustomed. The recognition of unjustified enrichment as a cause of action in its own right in English law created a new arena of uncertainty between the systems.
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Towards a European Law of Unjustified Enrichment
Osservatorio del diritto civile e commerciale, 2012Though historically recent, a European law of unjustified enrichment is already existing and embraces both contractual and extra-contractual restitution, which however are governed by different rules and shall not therefore lose their own specificity.
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