Article

Unjustified Enrichment in Comparative Perspective

Daniel Visser

in The Oxford Handbook of Comparative Law

Published in print November 2006 | ISBN: 9780199296064
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199296064.013.0031

Series: Oxford Handbooks in Law

 Unjustified Enrichment in Comparative Perspective

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Unjustified enrichment confronted both civil and common lawyers with thinking which was often completely outside the paradigm to which they had become accustomed. The recognition of unjustified enrichment as a cause of action in its own right in English law created a new arena of uncertainty between the systems. This article argues that comparative lawyers can make an important contribution to the future of the fractured and fractious world of unjustified enrichment. It may help to uncover the enormous wealth of learning of which both the common law and the civil law are the repositories, and so bring the same level of understanding to the law of unjustified enrichment which has, over the years, been achieved between the systems in regard to contract and tort.

Keywords: enrichment liability; civil law; common law; comparative law; English law; contract; tort

Article.  17184 words. 

Subjects: Law ; Comparative Law

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