Unjustified enrichment : key issues in comparative perspective / edited by David Johnston and Reinhard Zimmermann.
2002
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Details
Title
Unjustified enrichment : key issues in comparative perspective / edited by David Johnston and Reinhard Zimmermann.
Imprint
Cambridge : Cambridge University Press, 2002.
Description
1 online resource (xlii, 749 pages) : digital, PDF file(s)
Formatted Contents Note
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.
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.
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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511495519 ebook
9780521808200 (hardback)
9780521187442 (paperback)
9780521808200 (hardback)
9780521187442 (paperback)
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