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Saturday, August 15, 2020 | History

2 edition of The German law of unjustified enrichment and restitution found in the catalog.

The German law of unjustified enrichment and restitution

Gerhard Dannemann

The German law of unjustified enrichment and restitution

a comparative introduction

by Gerhard Dannemann

  • 246 Want to read
  • 39 Currently reading

Published by Oxford University Press in New York .
Written in English

    Subjects:
  • Unjust enrichment -- Germany

  • Edition Notes

    Includes bibliographical references (p. [315]-318) and index.

    StatementGerhard Dannemann.
    Classifications
    LC ClassificationsKK1907 .D36 2009
    The Physical Object
    Paginationxix, 327 p. ;
    Number of Pages327
    ID Numbers
    Open LibraryOL23935174M
    ISBN 109780199533114
    LC Control Number2009021123

    The German law of unjustified enrichment has grown from two intellectually separate roots. These different legal ideas were interwoven during the 19th century by the German Pandectists. During the 20th century, it began to appear to many that these ideas did not fit well with one another. This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have infact been evolving for over than taking the traditional approach which assumes that.

    This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? Category: Law The German Law Of Unjustified Enrichment And Restitution. Author: Gerhard Dannemann ISBN: Genre: Law File Size. Unjustified Enrichment - edited by David Johnston April

    Details and specs. An Introduction to the Canadian Law of Restitution and Unjust Enrichment is a concise and accessible account of the law of restitution or unjust enrichment, constituting a third branch of the law of obligations of the Canadian common law jurisdictions. It provides a comprehensive account of the restitutionary remedies available in the context of benefits conferred by mistake. Buy Goff & Jones: The Law of Unjust Enrichment 9th edition by Mitchell, Professor Charles, Mitchell, Professor Paul, Watterson, Dr Stephen (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible : Professor Charles Mitchell, Professor Paul Mitchell, Dr Stephen Watterson.


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The German law of unjustified enrichment and restitution by Gerhard Dannemann Download PDF EPUB FB2

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 Cited by: 4.

This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.

The German Law of Unjustified Enrichment and Restitution A Comparative Introduction Gerhard Dannemann. Relates German law to English law, to help place German law in context for those trained in the common law.

the south african law of unjustified enrichment Download the south african law of unjustified enrichment or read online books in PDF, EPUB, Tuebl, and Mobi Format. Click Download or Read Online button to get the south african law of unjustified enrichment book now.

This site is like a library, Use search box in the widget to get ebook that you. This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.2/5(1).

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 whic.

In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of ity for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the.

The following is a bilingual version of those of the provisions in the German Civil Code which relate to restitution or unjust enrichment in a wider sense, including reasons why contracts can be void or voidable, restitutionary consequences of termintation of contract, and claims arising between the owner of chattels and a possessor without title.

The German Law of Unjustified Enrichment and Restitution Book Summary: This text provides a comprehensive description in the English language of the German law of unjust enrichment, by explaining how this works in the context of German law, and by discussing the implications this would have if the German system were implemented in an English.

Part III (chapters 10 and 11) contains translations of leading German cases and the provisions of the German Civil Code which relate to unjustified enrichment and restitution.

All in all, the book is a stimulating, learned and invaluable companion to anyone interested in the subject. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law.

Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Enrichment is key to understanding the law of unjust enrichment and restitution.

This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction.

While restitution may sound similar to compensation, there is actually a significant difference between these remedies for unjust enrichment. Restitution or Compensation Restitution is the amount of money that the unjustly enriched party made, and is.

This book provides a description of the German law of unjustified enrichment. It explains how German law generally allows restitution for transfers made without legal ground (rather than on the.

LexRead, This is the first dedicated textbook on the law of restitution and unjust enrichment in Malaysia which engages both the theoretical and practical aspects of the Malaysian law of restitution and unjust enrichment at an unprecedented and unrivalled level of depth and detail.

This book is an instant classic, and an indispensable work of reference for the law of restitution and unjust. Get this from a library.

The German law of unjustified enrichment and restitution: a comparative introduction. [Gerhard Dannemann] -- This text provides a comprehensive description in the English language of the German law of unjust enrichment, by explaining how this works in the context of German law, and by discussing the.

Unjustified Enrichment: A Comparative Study of the Law of Restitution edited by PWL Russell, (also here) (University of Amsterdam Press) (Google Books) Unjustified Enrichment - Key Issues in Comparative Perspective edited by David Johnston and Reinhard Zimmermann, April (Cambridge University Press) (Google Books).

This book provides a description of the German law of unjustified enrichment. It explains 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.

Based on the papers presented at the Restitution in Commercial Law Conference held in Augustthis book brings together in one volume a series of essays from a team of prestigious contributors analysing the nature and operation of the law of unjust enrichment in commercial law.

A restitutionary remedy seeks to reverse that unjust enrichment, by restoring the relevant benefit or enrichment to the claimant. Claims in restitution are frequently contrasted with claims (in contract or tort) for compensatory damages, which focus upon the damage suffered by the claimant, rather than the unjust enrichment of the defendant.

The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than.A Comparative Introduction.

Author: Gerhard Dannemann. Publisher: Oxford University Press on Demand ISBN: Category: Law Page: View: DOWNLOAD NOW» This text provides a comprehensive description in the English language of the German law of unjust enrichment, by explaining how this works in the context of German law, and by discussing the implications this .The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust.

The modern law of unjust enrichment encompasses what was once known as the.