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Farewell to Unjustified Enrichment?
SSRN Electronic Journal, 2016In this article, Professor Jansen sets out the historical background and present state of unjustified enrichment theory in the German-speaking civilian legal systems, Austria, Germany, and Switzerland. The German law of unjustified enrichment has grown from two intellectually separate roots.
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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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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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Conflicts of Law in Matters of Unjustifiable Enrichment
The Cambridge Law Journal, 1939The situation which is created when rules of quasi-contract are in conflict has been neglected by English writers and has also received little attention on the Continent. It is possible, no doubt, to explain this lack of interest on the ground that the question is not one which occurs very often in practice.
H. C. Gutteridge, K. Lipstein
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“Farewell to Unjustified Enrichment?” – A Common Law Response
Edinburgh Law Review, 2016In this article, Professor Steve Hedley offers a Common Law response to he recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, “Farewell to Unjustified Enrichment” (2016) 20 EdinLR 123).
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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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The Principle Against Unjustified Enrichment
2006Abstract A celebrated abstraction is the maxim from the Digest that no one should be enriched at another’ s expense. The late scholastics and then the northern natural lawyers thought that this principle could explain the law of unust enrichment.
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2011
Nel v Jonker [2011] ZAWCHC 5 (17 February 2011) an unreported judgment discussed in 2011 Annual Survey 1257 and which dealt with maintenance paid in respect of a child which was later shown to be unrelated to the plaintiff, and the condictio indebiti , has in fact now been reported as MN v AJ 2013 (3) SA 26 (WCC).
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Nel v Jonker [2011] ZAWCHC 5 (17 February 2011) an unreported judgment discussed in 2011 Annual Survey 1257 and which dealt with maintenance paid in respect of a child which was later shown to be unrelated to the plaintiff, and the condictio indebiti , has in fact now been reported as MN v AJ 2013 (3) SA 26 (WCC).
openaire +1 more source