Restitution at the crossroads : a comparative study
著者
書誌事項
Restitution at the crossroads : a comparative study
Cavendish, 2001
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This book contrasts two competing models of unjust enrichment liability: the common law model and the civil law model. The former bases restitution on concrete,pragmatic unjust factors, rendering an enrichment unjust in the eyes of the law, while the latter operates with the negative requirement that restitution will follow if an enrichment is not supported by a legal ground or juristic reason. The common law of unjust enrichment is a very young subject, while its civil law counterpart is based on two millennia of development. Should English law therefore accept that the civil law model is superior and adopt an anglicised version of legal ground reasoning? This is indeed suggested by German commentators, and the English case law seems to be moving our enrichment law in that direction. This book considers such arguments by examining the reasons for restitution in English and German law. This book will be a valuable resource for academics and students interested in the law of unjust enrichment and comparative law. It also provides an introduction to the German law of unjust enrichment which will be useful to lawyers in European private practice.
目次
- Setting the Scene
- Essential Elements of German Law
- The Basis of Restitution for Mistake
- Mistake in German Law
- Mistake in English Law
- Failure of Consideration in Contractual Cases-Germany
- Failure of Consideration in Contractual Cases-England
- Non-Contractual Failure of Consideration-Germany
- Non-Contractual Failure of Consideration in England
- The Role of Policy
- Absence of Consideration in German Law
- Absence of Consideration in English Law
- The Canadian Experience
- 'Just Factors'
- The Defence of Change of Position.
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