The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

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Gerhard Dannemann (, Professor at Humboldt-Universität zu Berlin)

The German Law of Unjustified Enrichment and Restitution

A Comparative Introduction

Gerhard Dannemann (, Professor at Humboldt-Universität zu Berlin)

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English

Oxford University Press
23 March 2009

Comparative law; Restitution; Private & Civil law: general works

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.

By: Gerhard Dannemann ( Professor at Humboldt-Universität zu Berlin)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 224mm, Width: 145mm, Spine: 26mm
Weight: 565g
ISBN: 9780199533114
ISBN 10: 0199533113
Pages: 352
Publication Date: 23 March 2009
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Unspecified

I Unjustified Enrichment and Restitution in German Law 1 c Introduction: 2: The Undoing of Performance: Basics 3: The Undoing of Performance: Refinements 4: Defences Against Performance-based Claims 5: Restitution Not Based on Performance 6: The Measure of Restitutionary Liability 7: Concurrent Liability II The Wider Comparative Perspective 8: Classification and Consequences 9: Lessons to Be Learned? III Cases and Statutes 10: Cases

Gerhard Dannemann is Chair for British Legal, Economic and Social Structures at Humboldt University Berlin; Chair of the Redaction Committee, and Chair of the Terminology Group at the European Research Group on Existing EU Private Law (Acquis Group); Fellow of the Institute of European and Comparative Law at the University of Oxford; Door Tenant at 3 Pump Court Chambers, London; and Member of the Advisory Council of the Sir William Dale Centre for Legislative Studies at the Institute of Advanced Legal Studies, University of London.

Reviews for The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

This superb book is a model of how comparative law can be done. It provides an excellent balance between an overview of a distinct area of the law, detailed discussion of the issues that arise across the whole spectrum of that law, and a significant contribution to an ongoing debate that is of major domestic and wider comparative interest...All in all, the book is a stimulating, learned and invaluable companion to anyone interested in the subject * Robin Evans-Jones, The Edinburgh Law Review *