Restitution at the Crossroads

Thomas Krebs (Autor)

Buch | Softcover

392 Seiten

2001
Routledge Cavendish (Verlag)
978-1-85941-646-4 (ISBN)

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There is no area in which comparative law is more useful than in the area of unjust enrichment. This book examines the anatomy of the subject in England and Germany - particularly topical due to the way German taxonomy seems to be encroaching on English law.

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.

Thomas Krebs LLB, BCL, DPhil is a Lecturer in Laws at University College London.

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.

Erscheint lt. Verlag	10.9.2001
Verlagsort	London
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht
ISBN-10	1-85941-646-2 / 1859416462
ISBN-13	978-1-85941-646-4 / 9781859416464
Zustand	Neuware