Enrichment by deliberate conferral : condictio
著者
書誌事項
Enrichment by deliberate conferral : condictio
（Unjustified enrichment, v. 1）
Thomson/W. Green, 2003
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注記
"Published under the auspices of Scottish Universities Law Institute Ltd."
Includes bibliographical references and index
内容説明・目次
内容説明
This welcome addition to the SULI series seeks for the first time in Scots law to identify and analyse the body of law known as "unjustified enrichment" in which, as identified by the Court of Session, the condictiones represent causes of action and restitution and recompense remedies.
This book concentrates on the law of the condictio which it seeks to elaborate beyond the foundations laid by recent case law according to a fundamental distinction between two groups of enrichment case: those that arise from deliberate conferral (the subject matter of this volume) and all othercases.
The text provides an authoritative and comprehensive account of the subject, and will establish a scheme of the precise features and limits of claims of unjustified enrichment.
Robin Evans-Jones analyses the circumstances in which an obligation of restitution exists, the basis of each claim, the content of the obligation and its precise limits.
目次
* General concepts
* General issues concerning causes of action represented by the Condictio</>
* The claim to recover what is undue (Condictio Indebiti)
* The claim to recover what was conferred for a future lawful purpose outwith contract that failed or under a contract that was frustrated (Condictio Causa Data Causa Non Secuta)
* Benefits conferred for an immoral or illegal purpose (Condictio Ob Turpem Vel Iniustam Causam)
* The claim to recover what is retained without a legal basis (Condictio Sine Causa)
* Enrichment
* "At the Expense of": Rules determining what amounts to a "Direct" enrichment
* Remedies and the measure of recovery
* Defences
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