Author: J. C. SonnekusPublisher:
ISBN:
Category : Law
Languages : en
Pages : 444
Book Description
Unjustified Enrichment in South African Law
Author: J. C. SonnekusThe South African Law of Unjustified Enrichment
Author: J. E. Du PlessisPublisher: Juta and Company Ltd
ISBN: 9780702194740
Category : Law
Languages : en
Pages : 484
Book Description
Unjustified Enrichment
Author: Sieg EiselenPublisher:
ISBN: 9780409044102
Category : Unjust enrichment
Languages : en
Pages : 374
Book Description
Unjust Enrichment in South African Law
Author: Helen ScottPublisher: A&C Black
ISBN: 1782251391
Category : Law
Languages : en
Pages : 384
Book Description
Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.
The German Law of Unjustified Enrichment and Restitution
Author: Gerhard DannemannPublisher: Oxford University Press, USA
ISBN: 0199533113
Category : Language Arts & Disciplines
Languages : en
Pages : 349
Book Description
Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.
Unjustified Enrichment
Author: D. P. VisserPublisher:
ISBN: 9780702176913
Category : Civil law
Languages : en
Pages : 0
Book Description
Helps to locate the law relevant to the specific problem that is being investigated - and to allow those who are not familiar with the subject to find their way into it.
Corrective Justice
Author: Ernest J. WeinribPublisher: Oxford University Press
ISBN: 0199660646
Category : Law
Languages : en
Pages : 365
Book Description
Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
Research Handbook on Unjust Enrichment and Restitution
Author: Elise BantPublisher: Edward Elgar Publishing
ISBN: 1788114264
Category : Law
Languages : en
Pages : 535
Book Description
This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
The Law of Insolvency in South Africa
Author: Walter Herbert MarsPublisher: Juta and Company Ltd
ISBN: 9780702179266
Category : Law
Languages : en
Pages : 998
Book Description
Mixed Jurisdictions Worldwide
Author: Vernon Valentine PalmerPublisher: Cambridge University Press
ISBN: 1139510355
Category : Law
Languages : en
Pages : 727
Book Description
This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.