Unjustified enrichment : key issues in comparative perspective / edited by David Johnston and Reinhard Zimmermann.

Format:

Book

Contributor:

Johnston, David, 1961- editor.

Zimmermann, Reinhard, 1952 October 10- editor.

Language:

English

Subjects (All):

Unjust enrichment.

Physical Description:

1 online resource (xlii, 749 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2002.

Language Note:

English

Summary:

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 enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.

Contents:

Introduction

Enrichment "without legal ground" or unjust factor approach

Failure of consideration

Duress and fraud

Change of position

Illegality

Encroachment and restitution for wrongs

Improvements

Discharge of another person's debt

Third-party enrichment

Proprietary issues

Taxonomy.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-12468-9

1-280-42142-8

0-511-17636-8

0-511-04193-4

0-511-15713-4

0-511-30439-0

0-511-49551-X

0-511-04458-5

OCLC:

475916611