Unjustified Enrichment: Key Issues in Comparative Perspective

Front Cover
David Johnston, Reinhard Zimmermann
Cambridge University Press, Apr 18, 2002 - Law
1 Review
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.
 

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Contents

Unjust factors and legal grounds
37
In defence of unjust factors
76
Failure of consideration
103
Failure of consideration
128
a study of rescission
159
Change of position
227
restitutio
243
Illegality
289
Enrichment by improvements in Scots law
384
French
433
Payment of anothers debt
458
direct and indirect
493
enrichment
526
Proprietary issues
571
Property subsidiarity and unjust enrichment
588
Taxonomy
627

Illegality as defence against unjust enrichment claims
310
Reflections on the role of restitutionary damages
327
between private and public
348
Improvements
369
Rationality nationality and the taxonomy
658
Index
730
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