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Concurrent Liability

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0007
Subject:
Law, Comparative Law, Law of Obligations

This chapter presents an overview of issues of concurrent liability. Topics covered include concurrent liability within unjustified enrichment, unjustified enrichment and contract law, unjustified ... More


Lessons to Be Learned?

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0009
Subject:
Law, Comparative Law, Law of Obligations

This chapter examines whether the comparison between German and English law of unjust(ified) enrichment can be used for developing the law in both legal systems. It first looks at those other areas ... More


Introduction

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0001
Subject:
Law, Comparative Law, Law of Obligations

This introductory chapter begins with a discussion of the long tradition of unjust enrichment in English law and the advantages of taking a closer look at the German law of unjustified enrichment ... More


Classification and Consequences

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0008
Subject:
Law, Comparative Law, Law of Obligations

This chapter compares English and German law of unjustified enrichment in terms of scope, taxonomy, and approach. It shows that the English unjust factor approach and the German absence of legal ... More


In Praise of Transnationalism †

Brun-Otto Bryde

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0013
Subject:
Law, Public International Law

This chapter has two parts. First, it congratulates the team of the German Law Journal on ten years of successful work from the perspective of a German reader. Second, it praises the ... More


Nazi Plans for Dominating Germany and Europe: Domestic Crimes: (August 13, 1945)

Otto Kircheimer

in Secret Reports on Nazi Germany: The Frankfurt School Contribution to the War Effort

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691134130
eISBN:
9781400846467
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691134130.003.0030
Subject:
History, Military History

This chapter discusses the criminal responsibility of the Nazis for their violations of German domestic law, including the suppression of labor organizations and political parties. It first considers ... More


Prefab Prevails

Mary Elise Sarotte

in 1989: The Struggle to Create Post-Cold War Europe

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691163710
eISBN:
9781400852307
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691163710.003.0005
Subject:
History, European Modern History

This chapter focuses on the prefab model, which was proposed by the Western allies in 1990. The United States and West Germany convincingly made the case for taking the West's prefabricated ... More


Restitution Not Based on Performance

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0005
Subject:
Law, Comparative Law, Law of Obligations

This chapter discusses the second alternative of the general enrichment clause in § 812 para. 1 sent. 1 BGB, that being of ‘enrichment in another way at the expense of another’. This is a negative ... More


Constituent Lobbying and Its Impact on the Development of Financial Reporting Regulations: Evidence from Germany

Stuart McLeay, Dieter Ordelheide, and Steven Young

in The Economics and Politics of Accounting: International Perspectives on Trends, Policy, and Practice

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199260621
eISBN:
9780191601668
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199260621.003.0012
Subject:
Economics and Finance, Financial Economics

An examination is made of the impact of constituent lobbying activity on accounting regulators during the transformation of the Fourth European Company Law Directive into German accounting law. Using ... More


Restitution after Termination for Breach of Contract: German Law after the Reform of 2002

Reinhard Zimmermann

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0018
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter explains how the German law relating to restitution after termination for breach of contract has been changed by the provisions which were inserted into the BGB (Bürgerliches Gesetzbuch: ... More


The Undoing of Performance: Basics

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0002
Subject:
Law, Comparative Law, Law of Obligations

This chapter begins with a discussion of the performance concept. It shows that the Leistungskondition provides a simple solution for the majority of all unjustified enrichment cases, but does not ... More


The Measure of Restitutionary Liability

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0006
Subject:
Law, Comparative Law, Law of Obligations

This chapter discusses gain-based restitution. The measure of liability in unjustified enrichment is governed by §§ 818-820 BGB. The wording of these provisions makes no distinction between different ... More


Corporate Boards in Germany

Markus Roth

in Corporate Boards in Law and Practice: A Comparative Analysis in Europe

Published in print:
2013
Published Online:
January 2014
ISBN:
9780198705154
eISBN:
9780191774256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198705154.003.0004
Subject:
Law, Comparative Law, EU Law

This chapter analyses the role, functioning, and law governing corporate boards in Germany. The chapter is organized as follows. Section 1 is about the environment the boards are operating in, ... More


Comparative Law as Transnational Law: A Decade of the German Law Journal

Russel A. Miller and Peer C. Zumbansen (eds)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.001.0001
Subject:
Law, Public International Law

This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In recognizing the lack of ... More


The Undoing of Performance: Refinements

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0003
Subject:
Law, Comparative Law, Law of Obligations

The BGB contains some specific conditions which are meant to complement the general clause in § 812 para. 1 sent. 1 BGB. This chapter begins with the one which the Bundesgerichtshof applied in the ... More


Approaches to Strict and Constructive Liability in Continental Criminal Law

John R. Spencer and Antje Pedain

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter explores the Continental position with a view to explaining the differences and similarities identified. Focusing on the French and German systems, the first part describes the doctrinal ... More


Introduction—Comparative Law as Transnational Law: A Decade of the German Law Journal

Russell A. Miller and Peer C. Zumbansen

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0012
Subject:
Law, Public International Law

This introductory chapter begins with a description of the July 2009 conference marking the first decade of the German Law Journal (GLJ). The conference was convened under the title, “The ... More


The Fallacy of ‘Restitution for Wrongs’

Thomas Krebs

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0021
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter focuses on the so-called Eingriffskondiktion and begins by sketching the way that German scholars and courts developed various theories to identify cases in which restitution should and ... More


No Basis: A Comparative View

Sonja Meier

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0019
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter looks at Peter's absence of basis approach from a comparative, mainly German, point of view. It argues that he was right in basing recovery on a failure of basis in transfer cases — even ... More


Unjust Enrichment as Absence of Basis: Can English Law Cope?

Gerhard Dannemann

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0020
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the new approach adopted by Peter in Unjust Enrichment. In Unjust Enrichment, Peter abandoned unjust factors in favour of an approach which generally calls for the reversal of ... More


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