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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


Cases

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/9780199533114.003.0010
Subject:
Law, Comparative Law, Law of Obligations

This chapter contains seventeen translations of key judgments by the Bundesgerichtshof which relate to unjustified enrichment and restitution. Twelve of these were published in 1997, both in the ... 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


Unjustified Enrichment

ROBIN EVANS-JONES

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0014
Subject:
Law, Constitutional and Administrative Law, Legal History

Scots law has only recently acknowledged explicitly that there is a unitary body of law called ‘unjustified enrichment’, however, the parameters and internal body of this law still remain unclear. ... More


Unjustified Enrichment and Failed Contracts

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0015
Subject:
Law, Comparative Law

The last decade of scholarship on failed contracts in South African and Scots law has seen a proliferation of arguments for expanding the application of the law of unjustified enrichment. These ... More


Unjustified Enrichment

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0014
Subject:
Law, Comparative Law

The laws of unjustified enrichment in the sister mixed legal systems of South Africa and Scotland resemble each other much more closely than they resemble the law of unjustified enrichment in any ... More


Unjustified Enrichment

Reinhard Zimmermann

in The Law of Obligations: Roman Foundations of the Civilian Tradition

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198764267
eISBN:
9780191695247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764267.003.0026
Subject:
Law, Law of Obligations

This chapter deals with unjustified enrichment, a legal term denoting a type of event where one party is unjustly enriched at the expense of another. A special remedy is thus required, a remedy in ... 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


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


Thinking About Some Scots Law: Lord Rodger and Unjustified Enrichment

Robin Evans-Jones

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0034
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter assesses Alan Rodger's contribution to the Scots law of unjustified enrichment. It focuses on Dollar Land (Cumbernauld) v CIN Properties Ltd. The case was appealed twice to the House of ... More


Unjustified Enrichment

Daniel Visser

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0017
Subject:
Law, Legal History

The law of enrichment in many ways reflects the character which South African law generally has developed over the past three centuries. In certain respects it has unmitigated antiquarian features. ... More


Enrichment by Act of the Party Enriched

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0016
Subject:
Law, Comparative Law

This chapter deals with an area of unjustified enrichment that is largely unexplored in both Scotland and South Africa, namely the situation in which someone has benefited through his own conscious ... More


Selected Provisions of the German Civil Code

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/9780199533114.003.0011
Subject:
Law, Comparative Law, Law of Obligations

This chapter presents translations of provisions of the German Civil Code which relate to restitution and unjustified enrichment partially adapted from two sources. A smaller selection, first ... More


Actual Situations in which the FET Standard has been Applied

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0006
Subject:
Law, Public International Law

The FET standard may not be given a fixed content since it is a standard; therefore it is through its application to individual cases that it acquires content. An alternative method, therefore, for ... More


Kurt Lipstein (1909–)

Christopher Forsyth

in Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270583
eISBN:
9780191710230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270583.003.0014
Subject:
Law, Legal History

This chapter reviews the work and influence of Kurt Lipstein, starting with his major work on Roman law. Lipstein's early interest in Roman law is not without its enduring significance. It is more ... More


Force and Fear

J. E. Du PLESSIS

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0004
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter looks into the history of the law of force and fear, which is prevalent in the civilian doctrine of Scots law. It begins by examining the differences between the force and fear and the ... More


July 2007: High Road, Low Road

Kenneth McK Norrie

in Professor Norrie's Commentaries on Family Law

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861193
eISBN:
9781474406246
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861193.003.0033
Subject:
Law, Family Law

Discusses the English House of Lords decision of Stack v Dowden [2007] 2 AC 432 which was a claim for property division between ex-cohabitants. The case was decided under the common law since England ... More


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