Chapter

Unjustified Enrichment

Daniel Visser

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0017
Unjustified Enrichment

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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. In others it displays a refreshing modernity. On important occasions it has shrunk from taking the bold step required; in others it has rushed ahead without proper caution. Often, however, it has found just the right balance. Thus, it embraces many of the solid, classical solutions of the ius commune while at the same time having rough, unhewn aspects which cry out to be fashioned properly. This chapter describes how these features of the South African law of unjustified enrichment came about, and asks what is to be learnt from this historical process for the future development of this field of the law.

Keywords: South African law; law of unjustified enrichment; historical development; ius commune

Chapter.  17646 words. 

Subjects: History of Law

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