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Journal articles on the topic 'Unjust enrichment Legal instruments'

Author: Grafiati

Published: 4 June 2021

Last updated: 3 February 2022

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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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2

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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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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6

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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9

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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Halberda, Jan. "Argumentacja historyczno-prawna w orzecznictwie Izby Lordów przełomu XX i XXI wieku na przykładzie nawiązań do sprawy Moses v. MacFerlan z 1760 roku." Krakowskie Studia z Historii Państwa i Prawa 8, no. 2 (2015): 199–214. http://dx.doi.org/10.4467/20844131ks.15.012.3818.

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Arguments of a Legal Historical Nature as Found in Judicial Decisions Taken by the House of Lords at the Turn of the 21st Century and Illustrated by References to the Case Moses v. MacFerlan 1760 Through an analysis of cases of unjust enrichment (law of restitution), and investigation of the lines along which the judges invoked the landmark case of Moses v. MacFerlan (1760), the author of the paper discusses the role played by legal history in disputes carried on in the House of Lords. After elaborating the details of the aforementioned case (2), he presents the doctrine of implied contract th

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Davis, Adrienne D. "Corrective Justice and Reparations for Black Slavery." Canadian Journal of Law & Jurisprudence 34, no. 2 (2021): 329–40. http://dx.doi.org/10.1017/cjlj.2021.10.

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Over the last two decades, legal scholarship has been catching up with the more than century old calls by black Americans for reparations.1 Tax scholar Boris Bittker (in)famously launched the viability of black reparations into legal scholarship with his now classic monograph, The Case for Black Reparations.2 However, it would take more than twenty years for mainstream legal scholarship to take up the robust and wide-ranging set of questions raised by the possibility of reparations for American slavery.3 In the late 1990s private law scholars leapt into the debate, discussing unjust enrichment

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Kurniawan, Faizal, Erni Agustin, and Rizki Amalia. "UNSUR KERUGIAN DALAM UNJUSTIFIED ENRICHMENT UNTUK MEWUJUDKAN KEADILAN KOREKTIF (CORRECTIVE JUSTICE)." Yuridika 33, no. 1 (2018): 19. http://dx.doi.org/10.20473/ydk.v33i1.7201.

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Recent development to claim damages on the basis of either wanprestatie or onrechtmatige daad would not provide saticfactory grounds to the question of justice. There will be a situation in which that no one shall be unjustly enriched at the expense of another which all outside the scope of contract and tort. This has led to the existence of an independent legal doctrine known as unjust enrichment. It is among the most debated private law subjects today in asking for justice. Corrective justice brings to the remedial relation between the plaintiff and the defendant; it is solely concerned with

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14

SEE, Alvin W.-L. "Restitution of Non-Gratuitously Conferred Benefit in Malaysia: A Case for Sowing the Unjust Enrichment Seed." Asian Journal of Comparative Law 11, no. 1 (2016): 141–62. http://dx.doi.org/10.1017/asjcl.2016.7.

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AbstractThis article draws on the common law of unjust enrichment to rationalize and develop the right to recover a non-gratuitously conferred benefit set out in section 71 of Malaysia’s Contracts Act 1950. This attempt at legal transplant and modern restatement is made in the hope of injecting principle and clarity into the antique section with the eventual goal of reviving it for practical and modern use.

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15

Kasirer, Nicholas. "Couvrez cette communauté que je ne saurais voir: Equity and Fault in the Division of Quebec’s Family Patrimony." Revue générale de droit 25, no. 4 (2018): 569–603. http://dx.doi.org/10.7202/1056273ar.

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An inquiry into the role of fault in divorce may be taken as an invitation, for the Quebec jurist, to evaluate the place of misconduct in petitions for unequal “partition'' of the family patrimony. The author proposes an analysis of article 422 of the Civil Code of Québec based on a comparison with the law of family property in common law Canada. He observes a disinclination, felt in Quebec legal circles, to explore the connections between recourses under Quebec law for unjust enrichment in marriage and parallel remedies in common law. Basing himself principally on a review of rules similar to

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16

Hilliard, Jonathan. "A CASE FOR THE ABOLITION OF LEGAL COMPULSION AS A GROUND OF RESTITUTION." Cambridge Law Journal 61, no. 3 (2002): 551–60. http://dx.doi.org/10.1017/s0008197302001721.

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Where two parties are liable in respect of the same obligation and one party discharges the obligation, he may be able to recover some or all of his outlay from the other. This article addresses the rationale underlying the relief granted in such circumstances. While restitution theorists tend to emphasise the claimant’s lack of choice, it is argued that this focus is misleading. Moreover, using unjust enrichment to explain relief is unnecessary and inaccurate. An alternative explanation is put forward, which derives support from the case law on contribution—that relief aims to ensure equitabl

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17

Cutts, Tatiana. "Materially Identical to Mistaken Payment." Canadian Journal of Law & Jurisprudence 33, no. 1 (2020): 31–57. http://dx.doi.org/10.1017/cjlj.2019.29.

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Mistaken payment is the ‘core case’ of unjust enrichment, and it has had a powerful effect on the development of this area of private law. For Peter Birks, unjust enrichment was simply ‘the law of all events materially identical to mistaken payment’—to be shaped through a process of abstraction from that core case. But this begs the question: how do we work out what counts as ‘materially identical’ to mistaken payment? The most obvious starting point, and that which Birks chose, is the central characteristic of money: money is valuable. Thus, ‘the law of all events materially identical to mist

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18

Dietrich, Joachim. "WHAT IS “LAWYERING”? THE CHALLENGE OF TAXONOMY." Cambridge Law Journal 65, no. 3 (2006): 549–78. http://dx.doi.org/10.1017/s0008197306007227.

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OVER the past few years, an important legal debate has been raging, the full effects of which many lawyers have not yet felt. I am referring to the taxonomy debate and, specifically, the attempts by the late Professor Peter Birks and (the mainly academic) supporters and advocates of his and similar views to impose a coherent and logical taxonomy upon private (common) law. Much more attention should be paid to sound taxonomy, it is argued. This “great project” has been little noticed outside the backwater of the law in which it began, namely the law of restitution (or “unjust enrichment” as the

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19

Losier, M. M. "The Conflict between Sovereign Immunity and the Cargo of Sunken Colonial Vessels." International Journal of Marine and Coastal Law 33, no. 3 (2018): 528–57. http://dx.doi.org/10.1163/15718085-12342189.

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Abstract Cloaking the cargo of sunken colonial vessels with flag State immunity creates pro tempore resolutions through procedural impediments that inevitably reward illegal acts, revitalize colonial policies and extend periods of unjust enrichment. Immunity should only be extended when conventional law requirements are met and applied in conformity with any rules applicable between the parties in light of present-day conditions. Absent immunity, States with verifiable links could argue merit-based claims in unbiased fora that could rely on modern legal principles, rather than those prevailing

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20

Bikelis, Skirmantas. "Prosecution for illicit enrichment: the Lithuanian perspective." Journal of Money Laundering Control 20, no. 2 (2017): 203–14. http://dx.doi.org/10.1108/jmlc-07-2016-0029.

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Purpose The purpose of this paper is to present and analyse the issues with which Lithuania is faced through its introduction of a modern legal mechanism for a more efficient confiscation of the proceeds of crime – the criminalization of illicit enrichment. Design/methodology/approach The paper analyses issues raised in the Constitutional Court of Lithuania concerning the constitutionality of the country’s Criminal Code, as amended, by means of which illicit enrichment has been criminalized. Then, developments in and statistics for prosecutions and convictions for illicit enrichment are presen

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21

Samuel, Geoffrey. "Can Gaius Really Be Compared To Darwin?" International and Comparative Law Quarterly 49, no. 2 (2000): 297–329. http://dx.doi.org/10.1017/s0020589300064174.

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One might, by way of introduction, return to the general question. What is one to make of the debate between Professor Birks and the apparent schematic disorder of the common law? One immediate response is to consign this whole debate to a past age. Those who believe that meaningful legal reform can be achieved through classification risk being ridiculed.7 Such a view is understandable. The amount of intellectual energy spent on emancipating unjust enrichment from the categories of contract, tort and equity seems to bear little relation to the actual social benefits detectable in the restituti

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22

Sobczyk, Marek. "POJĘCIE ‘CAUSA’ W ŹRÓDŁACH PRAWA RZYMSKIEGO ODNOSZĄCYCH SIĘ DO BEZPODSTAWNEGO WZBOGACENIA." Zeszyty Prawnicze 11, no. 1 (2016): 269. http://dx.doi.org/10.21697/zp.2011.11.1.15.

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THE CONCEPT OF ‘CAUSA’ IN THE SOURCES OF ROMAN LAW RELATED TO UNJUSTIFIED ENRICHMENT Summary In this paper I analyze the meaning of causa in the sources of Roman law in fourth, fifth, sixth and seventh title of the twelfth book of Digest’s. The aim of my study is to participate in the contemporary discussion on several crucial issues of Roman conception of unjustified enrichment. In my opinion research into the concept of causa can contribute to the better evaluation of the theories on causa condictionis, causa dandi, causa retinendi, the theory that datio sine causa was the central concept of

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23

Campbell, Mat. "Subsidiarity in Private Law?" Edinburgh Law Review 24, no. 1 (2020): 1–25. http://dx.doi.org/10.3366/elr.2020.0597.

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This is the first English language paper seriously to examine the meaning of subsidiarity from the perspective of private law, in which it might be used to understand legal rules, or the interaction of different kinds of claim. Since there are so few relevant sources in English, this article casts a wide net for consensus. It offers six propositions about what it means to designate a rule or relationship (between legal regimes, say) as one of subsidiarity. These are formulated by reference, principally, to thinking about subsidiarity outwith private law; and, secondarily, to (i) miscellaneous

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Shcherbakov, A. A. "Legal consequences of an excess of the property’s owner in the Civil Law in Russia and Germany." Journal of Law and Administration 15, no. 2 (2019): 38–44. http://dx.doi.org/10.24833/2073-8420-2019-2-51-38-44.

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Introduction. The article based on the methods of systems analysis and comparative law studies the legal consequences of the impossibility for the proprietor to return the thing requested by the owner as a result of the loss of the latter. The concept of “excess” in the civil law of Germany is discussed. The issue of competition of claims in the recovery by the owner of property from someone else’s illegal possession is resolved. The legal status of a bona fide and unfair proprietor in the event of “excess” in Russia and Germany is considered.Materials and Methods. The main methods of this stu

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Tulu, Diriba Adugna. "Rethinking the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Comparative Analysis." Hasanuddin Law Review 6, no. 3 (2020): 213. http://dx.doi.org/10.20956/halrev.v6i3.2410.

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The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption, both international and regional anti-corruption instruments. This article's main objective is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in the Ethiopian Corruption Crimes Proclamation compared with Hong Kong and Rwanda's legal regimes to draw some best lessons and way forwards for the identified problems. The article found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum penalty limit and entails se

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Mosebach, Janet, Jerome E. Apple, and Stephen Hanudel. "Equitable Recoupment: Is It Finally Equitable?" ATA Journal of Legal Tax Research 8, no. 1 (2010): 34–48. http://dx.doi.org/10.2308/jltr.2010.8.1.34.

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ABSTRACT: There are currently no statutory remedies for the double taxation of a taxpayer or transaction, only a judicial doctrine known as equitable recoupment. Equitable recoupment can be used by either a taxpayer or the government to avoid unjust enrichment caused by enforcement of the statute of limitations. It involves a single transaction subject to two different legal theories of taxation, a claim barred by the statute of limitations, and a sufficient identity of interest between the taxpayers. Until recently, equitable recoupment could be raised in District Court and the Court of Feder

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Smith, Stephen A. "A Duty to Make Restitution." Canadian Journal of Law & Jurisprudence 26, no. 1 (2013): 157–79. http://dx.doi.org/10.1017/s0841820900005993.

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The rules governing impaired transfers are widely thought to lie at the core of unjust enrichment law. This essay defends two propositions about these rules. First, there is no duty, in the common law, to make restitution of benefits obtained as the result of an impaired transfer (for example, a transfer made by mistake or as a result of fraud or compulsion). Rather than imposing duties to make restitution, or indeed duties of any kind, the rules governing impaired transfers impose only liabilities, in particular liabilities to judicial rulings. The only legal consequence of a mistaken payment

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Jug, Jadranko. "Pravni položaj poštenog i nepoštenog posjednika u odnosu na vlasnika stvari." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 527–43. http://dx.doi.org/10.30925/zpfsr.38.1.19.

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This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are f

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Andreev, Yu N., and A. P. Zolotarev. "ON THE MEASURES OF CIVIL LEGAL LIABILITY: THEORETICAL ASPECTS." Proceedings of the Southwest State University 22, no. 1 (2018): 175–81. http://dx.doi.org/10.21869/2223-1560-2018-22-1-175-181.

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The work is devoted to topical problems of the civil theory of civil legal liability measures. The authors propose their classification of the measures of civil legal liability, give a brief description of some types of these measures, make reasoned proposals for further development of legislation in the field under studies. The authors of the proposed article refer compensation (recovery) of damages, recovery of penalties (fines, penalties), interests, loss of deposit, payment of deposit in double size, compensation to the measures of civil liability:. There are legitimate, contractual, precl

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Durdynets, Myroslav Yu, Raisa V. Perelyhina, Olga A. Klymenko, Iryna M. Semeniuk, and Lidiia M. Kostetska. "Counteraction to Corruption Offences in Ukraine and the EU: Comparative Legal Aspect." Academic Journal of Interdisciplinary Studies 9, no. 5 (2020): 227. http://dx.doi.org/10.36941/ajis-2020-0100.

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The article focuses on counteraction to corruption offences in Ukraine and the EU. To this end, the authors conducted a consistent analysis of international legal acts in the field of combating corruption, in particular the United Nations Convention against Corruption of 10/31/2003; Council of Europe Criminal Convention for the Suppression of Corruption (ETS 173) No. ETS173 of 01/27/1999; Resolutions (97)24 of the Committee of Ministers of the Council of Europe on the Twenty Guiding Principles for the Fight against Corruption, etc. The study provides a systemic analysis of individual cases of

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Voitovych, Nataliia. "HISTORICAL BACKGROUND AND LEGAL ANALYSIS OF SURVEILLANCE IN CRIME PREVENTION." Intermarum history policy culture, no. 8 (December 30, 2020): 189–209. http://dx.doi.org/10.35433/history.112011.

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The aim of the research is to study the historical preconditions and legal regulation of surveillance in combating crime in the XIX century. At the same time, the author's goal is to compare peculiarities of the instruments of system fight against crime (the method of operational search actions, hereinafter - OSA) and covert investigative activities in countries with different forms of government and diverse political systems.The methodology of the research is: adherence to the principles of objectivity, scientificity and historicism contributed to consistent disclosure of preconditions, conte

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Busol, Оlena. "INTERNATIONAL LEGAL REGULATIONS AND ISSUES OF CORRUPT ASSETS RECOVERY." Baltic Journal of Economic Studies 6, no. 4 (2020): 35–45. http://dx.doi.org/10.30525/2256-0742/2020-6-4-35-45.

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The article is devoted to the issues of international cooperation of the bodies regarding asset recovery and management with a purpose of combating transnational crime. It emphasizes the main provisions of international treaties on combating crime and provides an analysis of foreign legislation in the given sphere. The subject of the study is international legal regulation and problems of corrupt assets recovery, which required the application of interdisciplinary scientific approach in considering its economic, political, philosophical, historical and legal aspects. The purpose of the article

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Mezyaev, A. B. "Compensation to the Acquitted Person in International Criminal Law." Moscow Journal of International Law, no. 3 (December 26, 2020): 103–14. http://dx.doi.org/10.24833/0869-0049-2020-3-103-114.

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INTRODUCTION. The practice of modern international criminal courts and tribunals raises serious questions about the proper enforcement of the rights of the accused. Among these rights, the accused's right to compensation is highlighted. Compensation is given to the accused (regardless of the verdict) for violation of his procedural rights and fundamental human rights and compensation to the acquitted person.MATERIALS AND METHODS. The analysis of ensuring the human right to compensation in the event of an unjust sentence is carried out on the basis of international human rights treaties, treati

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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (2014): 0. http://dx.doi.org/10.17159/1727-3781/2014/v17i6a618.

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EditorialThis voluminous issue consists of 13 articles and 8 notes dealing with various legal topics in South Africa and abroad. The articles commences with Ig Rautenbach’s discussion of the ever-elusive concept of proportionality in the light of the text of the South African Constitution. Mmaphuti Tuba analyses the different approaches adopted for the regulation of payment systems in a variety of legislative instruments by the European Union. Phoebe Boltondeals with the thorny issue of public tenders and the extent to which bidders must comply with tender specifications and conditions. Leentj

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Schurr, Francesco A. "Distribution of foundation assets to another foundation or trust—powers of the trustees and claims based on unjust enrichment." Trusts & Trustees, July 19, 2021. http://dx.doi.org/10.1093/tandt/ttab031.

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Abstract The article deals with fundamental questions regarding the distribution carried out by a Liechtenstein foundation to another foundation and/or trust instead of a direct distribution to the beneficiaries. In principle, this phenomenon partly falls under the concept that is labelled as ‘decanting’ within the private client law community. One of the key advantages of foundations as compared to other instruments is the high level of stability combined with very limited instruments to change the purpose as well as the beneficial interest. As with trusts, the ‘decanting’ in the field of the

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al-Fatlawi, Sahib, and Derar al-Daboubi. "Legal Features of the Provisions of Unjust Enrichment in Jordanian Civil Law and Comparative Law." Arab Law Quarterly, July 1, 2021, 1–14. http://dx.doi.org/10.1163/15730255-bja10087.

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Abstract Unjust enrichment is considered one source of obligations, which stands in contrast to harmful acts as another source of obligation in the Jordanian Civil Code (JCC). The Unjust Enrichment Rule has developed historically from Roman law, through Islamic jurisprudence, then French law and jurisprudence to modern laws, such as that in Egypt influenced by French law. All these laws have recognised the Unjust Enrichment Rule as an independent source of obligation. Although the JCC was influenced by Islamic jurisprudence, Arab laws, such as the Egyptian Civil Code, and foreign-influenced Ar

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Лауэ, Каролин, and Karolin Laue. "USING OF THE INSTITUTE OF UNJUSTIFIABLE ENRICHMENT IN SETTLEMENT RELATIONSHIP." Journal of Foreign Legislation and Comparative Law, May 4, 2016, 0. http://dx.doi.org/10.12737/19208.

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In 2009 Directive 2007/64/EC of the European Parliament and of the Council of November 13, 2007 on payment services in the internal market was implemented into the German civil law. The article deals with theoretical and practical problems of the recovery of money paid by mistake based on the principles of unjust enrichment according to the German law with regard to the new regulation. Тhe German Civil Codex (BGB) distinguishes between “performance” and “non-performance” conditions. By presenting basic arguments the author shows that this is of crucial importance for the concept of the recover

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Pathak, Akhileshwar. "Overlap of Termination Terms and Principles of Contract Law: The Toba Trading Case." Indian Institute of Management Ahmedabad, February 21, 2019, 1–16. http://dx.doi.org/10.1108/case.iima.2020.000199.

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A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till they get control over the goods. Claiming this to be a breach, the seller terminates the contract and makes claim for the damages. The seller picks all legal points it could in the routine business practices to escape the unfortunate situation. The judgment in the Toba Trade Case gives a comprehensive view of several legal themes including, payment and delivery, variation of contract, termination, anticipatory breach, award of damages and unjust enrichment.

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"Minor Restrictions: Adolescence Across Legal Disciplines, the Infancy Doctrine, and the Restatement (Third) of Restitution and Unjust Enrichment." Kansas Law Review, 2012. http://dx.doi.org/10.17161/1808.20249.

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Caggiano, Ilaria Amelia. "Disgorgement, Compensation and Restitution: A Comparative Approach." Global Jurist 16, no. 2 (2016). http://dx.doi.org/10.1515/gj-2016-0008.

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AbstractThe article aims at defining the scope of disgorgement in Italian law, which draws on common law experience, and asks whether the Italian legal system can provide similar recourses. English and US law have conceived “disgorgement damages” as a distinctive concept. I verify whether a rule of disgorgement of profits is principled in the Italian legal system as a generally available private law remedy or is just applicable in certain specific cases. I propose 3 hypothetical cases to measure the attitude of different legal systems. The theoretical foundations of disgorgement as a private r

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Bikelis, Skirmantas. "Chasing criminal wealth: broken expectations for the criminalization of illicit enrichment in Lithuania." Journal of Money Laundering Control ahead-of-print, ahead-of-print (2021). http://dx.doi.org/10.1108/jmlc-12-2020-0135.

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Purpose This study aims at elaborating whether the criminalization of illicit enrichment has the potential to be an efficient and well-balanced measure against profiting from serious crime. Design/methodology/approach This study offers a normative analysis of the concept of the criminalization of illicit enrichment, particularly from the perspective of the presumption of innocence. This paper supplements theoretical considerations using Lithuania, where illicit enrichment was criminalized a decade ago, as a case study. It analyses data of all 28 known criminal cases on illicit enrichment that

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"Air Travel Compensation Procedure." International Journal of Innovative Technology and Exploring Engineering 8, no. 12 (2019): 1044–49. http://dx.doi.org/10.35940/ijitee.k2264.1081219.

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The article is aimed at analyzing the legal means of protecting the interests of air transportation service recipients. The main emphasis will be placed on the analysis of the Warsaw Convention and the Montreal Convention provisions reflecting the freedom-of-contract doctrine since the air travel compensation procedure is not regulated by the national Russian legislation. As a result of the analysis, the conclusion was made that individuals, for example, in the case of harm causation, have the right to choose according to the law of which country the compensation should be paid to them. Separa

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Balogh, Aron. "Possibilities of workplace mediation in the European Union." Debreceni Jogi Műhely 17, no. 3-4 (2020). http://dx.doi.org/10.24169/djm/2020/3-4/1.

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The world of labor market and industrial relations is a field where conflicts and disputes are inevitable characteristics of the operation, regardless of the form of employment. Also, labor disputes appear both from an individual aspect, where the disputants are the employer and the employee, and in a collective respect, where the disputes take place between the employer(s) and the collective of the workers, typically represented by an employee organization (union) or a works council.  When a conflict or a dispute cannot be resolved through negotiation, the law offers dispute resolution

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