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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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German Law of Unjust Enrichment and Restitution: Comparative Introduction

ISBN13: 9780199533114
Published: July 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £71.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book provides the most comprehensive description of the German law of unjustified enrichment in the English language. It explains to common law readers how German law generally allows restitution for transfers made without legal ground (rather than on the basis of individual unjust factors), an approach which the late Peter Birks proposed for English law to adopt, and which the House of Lords was careful not to rule out for the future in Deutsche Morgan Grenfell v Inland Revenue.

Part I explains the workings of German unjustified enrichment law within the particular context of German contract, tort and property law. It shows how the German general unjust enrichment clause is controlled by limiting its scope to intentional transfers, and complemented by specific grounds of unjust enrichment. This part also explains defences against and measure of enrichment claims.

Part II places German law in the comparative context of three different fundamental approaches towards unjustified enrichment, shows some unexpected similarities between English and German law, and discusses whether English law could and should adopt the German approach.

The book gives equal prominence to structural issues and legal doctrine on the one hand, and practical application of the law on the other. It provides leading German cases and relevant statutory provisions in English translation.

Restitution, Other Jurisdictions , Germany
Unjust Enrichment and Restitution in German Law
1. Overview
2. The Undoing of Performance: Basics
3. The Undoing of Performance: Refinements
4. Defences Against Performance-Based Claims
5. Unjust Enrichment and Restitution Not Based on Performance
6. The Measure of Unjust Enrichment Liability
7. Concurrent Liability
The Comparative Perspective
8. Absence of Basis and Unjust Factors: a Tale of Unexpected Similarities
9. Can English Law Cope With an Absence of Basis Approach?
10. Lessons to be Learned?