The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction
This book provides the most comprehensive description of the German law of unjustified enrichment in the English language. It explains to common law readers how German law generally allows restitution for transfers made without legal ground (rather than on the basis of individual unjust factors), an approach which the late Peter Birks proposed for English law to adopt, and which the House of Lords was careful not to rule out for the future in Deutsche Morgan Grenfell v Inland Revenue.
Part I explains the workings of German unjustified enrichment law within the particular context of German contract, tort and property law. It shows how the German general unjust enrichment clause is controlled by limiting its scope to intentional transfers, and complemented by specific grounds of unjust enrichment. This part also explains defences against and measure of enrichment claims. Part II places German law in the comparative context of three different fundamental approaches towards unjustified enrichment, shows some unexpected similarities between English and German law, and discusses whether English law could and should adopt the German approach.
The book gives equal prominence to structural issues and legal doctrine on the one hand, and practical application of the law on the other. It provides leading German cases and relevant statutory provisions in English translation.
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absence of basis action agreement allowed Appeal Court apply assets bank basis approach benefits BGHZ Birks bonafide building Bundesgerichtshof Bürgerliches Gesetzbuch causa data causa causa non secuta Chapter claim back claim in unjustified claimant consideration constructive trust contract law creditor debt debtor defendant defendant’s Eingriffskondiktion English law enriched party enrichment claim entitled expenditure German law glazier gratuitous infringement Landgericht law of obligations law of unjust law of unjustified legal ground Leistungskondiktion liability Lincoln City maintenance ment mistake negotiorum gestio object obligation ofthe owner owner/possessor model paid particular payment performance performance-based person Peter Birks plaintiff possessor present purpose quantum meruit quasi-contract reason received recipient recover recovery references omitted restitution restitutionary claim rule sent situations statutory termination third party tion tort translation unauthorized unjust enrichment unjust factor approach unjustified enrichment void