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Books > Law > Jurisprudence & general issues > Comparative law
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The German Law of Unjustified Enrichment and Restitution - A Comparative Introduction (Hardcover, New)
Loot Price: R3,174
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The German Law of Unjustified Enrichment and Restitution - A Comparative Introduction (Hardcover, New)
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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 the House of
Lords was careful not to rule out for the future in Deutsche Morgan
Grenfell v Inland Revenue.
Part I explains the workings of German unjustified enrichment law
within the particular context of German contract, tort and property
law. It shows how the German general unjust enrichment clause is
controlled by limiting its scope to intentional transfers, and
complemented by specific grounds of unjust enrichment. This part
also explains defences against and measure of enrichment claims.
Part II places German law in the comparative context of three
different fundamental approaches towards unjustified enrichment,
shows some unexpected similarities between English and German law,
and discusses whether English law could and should adopt the German
approach.
The book gives equal prominence to structural issues and legal
doctrine on the one hand, and practical application of the law on
the other. It provides leading German cases and relevant statutory
provisions in English translation.
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