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Relevant bibliographies by topics / Unjust enrichment Legal instruments

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Academic literature on the topic 'Unjust enrichment Legal instruments'

Author: Grafiati

Published: 4 June 2021

Last updated: 3 February 2022

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Journal articles on the topic "Unjust enrichment Legal instruments"

1

Джанаева, Анна, and Anna Dzhanaeva. "INTERRELATION BETWEEN RESTITUTION AND UNJUST ENRICHMENT: LESSONS LEARNED FROM THE EXPERIENCE OF ANGLO-AMERICAN LEGAL SYSTEM." Journal of Foreign Legislation and Comparative Law 1, no. 6 (2016): 0. http://dx.doi.org/10.12737/17110.

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The article deals with the interrelation between restitution and unjust enrichment in the Russian and Anglo-American legal systems. The analysis is based on theoretical scientific opinions, as well as on the legislation and judicial practice. The article notes that in the Russian law the “absence of grounds” principle is used for unjust enrichment (which means that if there is no legal basis for enrichment, the rules on unjust enrichment should be applied), and in order to apply the restitution rules one must prove the “unfair factor” in the form of an invalid transaction (the basis for the ap

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Ivanchak, A. I., and A. A. Kupreenkova. "Genesis and progression of obligations, arising from unjust enrichment: comparative law research." Journal of Law and Administration, no. 1 (July 28, 2018): 79–85. http://dx.doi.org/10.24833/2073-8420-2018-1-46-79-85.

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Introduction. The article presents a comparative legal analysis of the genesis of the institution of obligations arising from unjust enrichment in countries belonging to different legal families. English and American law as vivid examples of the precedent system of law were chosen for comparison. The comparative research revealed the general and special features of the institution under study, as well as the trends in its functioning and development.Materials and methods. The methodological basis of the research consists of the general scientific and special methods of cognition of legal pheno

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3

Dickson, Brice. "Unjust Enrichment Claims: A Comparative Overview." Cambridge Law Journal 54, no. 1 (1995): 100–126. http://dx.doi.org/10.1017/s0008197300083173.

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This article examines a variety of legal systems with a view to assessing the role currently played within each of them by the principle of unjust enrichment. By focusing on the characteristic features of unjust enrichment claims it seeks to demonstrate that, although there are significant differences between the ways in which different countries handle such claims, there is also much that those systems have in common. While under the common law the principle of unjust enrichment has endured a long struggle for recognition, in civil law systems it has been acknowledged for centuries. This may

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4

Rousseau-Houle, Thérèse. "La notion d'enrichissement sans cause en droit administratif québécois." Les Cahiers de droit 19, no. 4 (2005): 1039–60. http://dx.doi.org/10.7202/042284ar.

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The problem of unjust enrichment has often been raised in recent years with reference to litigation concerning contracts with public authorities. Many times, parties to such contracts have invoked this principle to obtain compensation for services provided under contracts later declared irregular or void. The courts have then attempted to apply in the context of administrative law the conditions laid down by civil law doctrine for unjust enrichment. The transposition to administrative law of the civil concept of unjust enrichment does not, however, appear to have been adequate. To begin with,

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5

Jaffey, Peter. "The Unjust Enrichment Fallacy And Private Law." Canadian Journal of Law & Jurisprudence 26, no. 1 (2013): 115–36. http://dx.doi.org/10.1017/s084182090000597x.

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The theory of unjust enrichment – the theory supporting the recognition of a doctrinal category of unjust enrichment – has been accepted across much of the common law world. The recognition of a doctrinal category is not just a matter of presentation. It has a role in legal reasoning that reflects the fact that it is based on a particular principle or distinct justification for a claim. The theory of unjust enrichment is misguided because there is no principle or distinct justification common to the various claims that have been gathered together to form the new category. The theory has appear

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Letelier, Pablo. "ANOTHER CIVILIAN VIEW OF UNJUST ENRICHMENT'S STRUCTURAL DEBATE." Cambridge Law Journal 79, no. 3 (2020): 527–48. http://dx.doi.org/10.1017/s0008197320000550.

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AbstractThis article seeks to illustrate the kinds of difficulties that may follow from renouncing a unified approach to restitutionary claims for unjust enrichment. To do so, it draws on the experience of the French legal system, where the notion of unjustified enrichment describes a maxim inspiring various doctrines which have evolved in relative isolation from each other. Relying on this experience, the article argues that the objections recently raised by Nils Jansen against the German law of unjustified enrichment should not lead English lawyers to downplay the value of a unified approach

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Novikova, T. V. "AUTONOMY OF WILL PRINCIPLE IN NON-CONTRACTUAL LEGAL RELATIONS OF INTERNATIONAL CHARACTER." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6(72), no. 3 (2021): 289–96. http://dx.doi.org/10.37279/2413-1733-2020-6-3-289-296.

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The article elaborates on legal regime of autonomy of will in tort and unjust enrichment legal relations of international character and grounds two basic conclusions. Firstly, the author stands on the point that although title of article 1223.1 of the Civil Code of the Russian Federation mentions only tort and unjust enrichment obligations, in fact it stipulates autonomy of will for all non-contractual legal relations except those, for which the prohibition for parties to choose applicable law is straightly set. Secondly, the author grounds conclusion that autonomy of will has developed into a

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8

Arrowsmith, Sue. "Ineffective transactions, unjust enrichment and problems of policy." Legal Studies 9, no. 3 (1989): 307–22. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00653.x.

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In a previous article in Legal Studies I suggested a general framework of rules for analysing problems of restitution which arise from ineffective transactions. It was explained that normally a claim should be available to a party who has performed his part, usually based on mistake or failure or consideration, or on ‘policy’ grounds. A benefit to the recipient of goods and services will usually be shown by the fact that in making the agreement he requested the performance Problems may arise, however, when the factor which renders the contract unenforceable also provides an argument against al

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Verhagen, Hendrik L. E. "The Policies against Leapfrogging in Unjust Enrichment: A Critical Assessment." Edinburgh Law Review 22, no. 1 (2018): 55–85. http://dx.doi.org/10.3366/elr.2018.0455.

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This article critically examines the merit of the policy reasons against leapfrogging one's contractual counterparty in unjust enrichment. Where the benefit of a performance, which is rendered by someone (C) pursuant to a contract with his counterparty (T), ends up with someone (D) who is not a party to that contract, will the law of unjust enrichment then allow the performer (C) to recover that benefit directly from its recipient (D)? The utility of allowing the leapfrog arises where recovery by C from T under general rules of contract becomes impossible (mainly) due to the insolvency of T. T

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이승현. "A study on Subsidiarity of Unjust Enrichment-based on comparative legal approach-." SungKyunKwan Law Review 29, no. 1 (2017): 175–210. http://dx.doi.org/10.17008/skklr.2017.29.1.007.

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Dissertations / Theses on the topic "Unjust enrichment Legal instruments"

1

Braslow, Norman Taylor. "Legal transplants and change : unjust enrichment law in Japan /." Thesis, Connect to this title online; UW restricted, 1997. http://hdl.handle.net/1773/9622.

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2

Scott, Helen. "Unjust enrichment by transfer in South African law : unjust factors or absence of legal ground?" Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.432142.

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Wilmot-Smith, Frederick J. "Failure of condition." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:93ab182a-be71-489a-88e8-1479d9b8efb3.

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This thesis is an investigation of a doctrine generally known as ‘failure of consideration’, but which I term ‘failure of condition’. I have two principal aims. First, to clarify quite what the doctrine of failure of condition is. Secondly, to explain why it has the effects it does – in particular, why it justifies the response of restitution. The doctrine, at core, concerns conditional transfers: when a transfer is made conditionally, and the condition fails, the transfer can be recovered. For this reason, I term the doctrine ‘failure of condition.’ I investigate the nature of this relationsh

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4

Watt, Ilze Jr. "The consequences of contracts concluded by unassisted minors : a comparative evaluation." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71723.

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Thesis (LLM)--Stellenbosch University, 2012.<br>Includes bibliography<br>ENGLISH ABSTRACT: It is a general principle of the law of South Africa that an unassisted contract of a minor is unenforceable against the minor. Although it binds the other party, the minor is not bound. The minor will only be bound if the contract is enforced by his guardian, or if the contract is ratified by the child after attaining majority. This implies that the other party is in a rather unfortunate position, since the effectiveness of the contract will remain uncertain until the guardian of the minor decides

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Škvareková, Gabriela. "Bezdůvodné obohacení podle anglické a české právní úpravy." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-340532.

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1 ABSTRACT UNJUST ENRICHMENT UNDER ENGLISH AND CZECH LAW The topic of presented thesis is "Unjust Enrichment under English and Czech Law". It aims to provide a comprehensive analysis and comparison of legal rules governing unjust enrichment in English and Czech law. The thesis is systematically divided into four principal chapters which are further subdivided. The first chapter presents an introduction to unjust enrichment. It provides a brief historical overview and a description of legal nature of unjust enrichment. It also aims to bring a basic comparison of the common law system and the ci

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Books on the topic "Unjust enrichment Legal instruments"

1

A final accounting: Holocaust survivors and Swiss banks. Carolina Academic Press, 2010.

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Orland, Leonard. A final accounting: Holocaust survivors and Swiss banks. Carolina Academic Press, 2010.

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Orland, Leonard. A final accounting: Holocaust survivors and Swiss banks. Carolina Academic Press, 2010.

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4

Selections for contracts: Restatement, second, of contracts, restatement, third, of suretyship and guaranty (excerpt), restatement , third, of restitution and unjust enrichment (excerpts), UCC Articles 1 and 2, UCC Article 3 (excerpts), principles of software contracts (excerpts), Uniform Electronic Transactions Act, Electronic Signatures in Global and National Commerce Act, UN Sales Convention, UNIDROIT Principles, selected contracts and forms. Foundation Press, 2013.

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5

Smith, Lionel D. Restitution (International Library of Essays in Law and Legal Theory (Second Series).). Ashgate Publishing, 2001.

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6

H, Schrage E. J., ed. Unjust enrichment: The comparative legal history of the law of restitution. 2nd ed. Duncker & Humblot, 1999.

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H, Schrage E. J., ed. Unjust enrichment: The comparative legal history of the law of restitution. Duncker & Humblot, 1995.

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H, Schrage E. J., ed. Unjust enrichment: The comparative legal history of the law of restitution. 2nd ed. Duncker & Humblot, 1999.

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9

Schrage, Eltjo J. H., ed. Unjust Enrichment. The Comparative Legal History of the Law of Restitution. Duncker & Humblot, 2013. http://dx.doi.org/10.3790/978-3-428-47982-5.

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H, Schrage E. J., ed. Unjust enrichment: The comparative legal history of the law of restitution. Duncher & Humblot, 1995.

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Book chapters on the topic "Unjust enrichment Legal instruments"

1

Weinrib, Ernest J. "Unjust Enrichment." In A Companion to Philosophy of Law and Legal Theory. Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch47.

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Ben-Menahem, Hanina, Arye Edrei, and Neil S. Hecht. "Unjust enrichment." In Windows onto Jewish Legal Culture. Routledge, 2020. http://dx.doi.org/10.4324/9781003126027-8.

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"Unjust enrichment." In Windows onto Jewish Legal Culture. Routledge, 2020. http://dx.doi.org/10.4324/9780203133767-22.

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Meier, Sonja. "Unjust factors and legal grounds." In Unjustified Enrichment. Cambridge University Press, 2002. http://dx.doi.org/10.1017/cbo9780511495519.003.

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Burrows, Andrew. "The Conflict of Laws and Unjust Enrichment." In A Conflict Of Laws Companion. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198868958.003.0007.

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This essay revisits the relationship between the conflict of laws and the law of unjust enrichment (or, more widely, the law of restitution) in light of shifts in the legal landscape over the past forty years. It considers the rules of jurisdiction and of choice of law applied by the English courts, accounting for the effects of the UK’s departure from the European Union.

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Nair, Aruna. "‘Mistakes of Law’ and Legal Reasoning: Interpreting Kleinwort Benson v Lincoln City Council." In Philosophical Foundations of the Law of Unjust Enrichment. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780199567751.003.0013.

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Taylor, Richard, and Damian Taylor. "1. Introduction." In Contract Law Directions. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198797739.003.0001.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This introductory chapter explains how contract law is structured and how it fits into the overall scheme of the law of obligations and into English law more generally. It explains the boundaries between contract law, torts and unjust enrichment and restitution and also explains the wider range of situations covered by the law of contract and puts it into its social and economic context.

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Taylor, Richard, and Damian Taylor. "1. Introduction." In Contract Law Directions. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198836599.003.0001.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This introductory chapter explains how contract law is structured and how it fits into the overall scheme of the law of obligations and into English law more generally. It explains the boundaries between contract law, torts and unjust enrichment and restitution and also explains the wider range of situations covered by the law of contract and puts it into its social and economic context.

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Taylor, Richard, and Damian Taylor. "1. Introduction." In Contract Law Directions. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870593.003.0001.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This introductory chapter explains how contract law is structured and how it fits into the overall scheme of the law of obligations and into English law more generally. It explains the boundaries between contract law, torts and unjust enrichment and restitution. It also explains the wider range of situations covered by the law of contract, and puts the law of contract into its social and economic context.

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10

Rodger, Alan, and Andrew Burrows. "Peter Brian Herrenden Birks 1941–2004." In Proceedings of the British Academy, Volume 150 Biographical Memoirs of Fellows, VI. British Academy, 2008. http://dx.doi.org/10.5871/bacad/9780197264232.003.0001.

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Peter Birks was one of the most influential legal scholars of his generation. He owed that influence to the admiration in which his rigorous and innovative thinking was held by lawyers and judges, not only in this country, but throughout the Commonwealth and in Europe. Birks was most widely known through his writings, but in Oxford, in particular, his reputation also rested on his teaching, especially in the famous restitution seminars that he conducted with various colleagues over three decades. He had an enormous impact on the law of restitution/unjust enrichment both in the universities and in the courts. The ‘Birksian school of thought’ has pursued, and will continue to pursue, rational transparency and elegant coherence in legal reasoning, not only in the law of restitution, but across English private law generally.

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