Abstract

Abstract This chapter outlines the borderline between property and unjust enrichment, which varies between different legal cultures. It discusses enrichment by interference with the claimant's right in the civilian tradition, in accordance with German, South African, and Scottish law, before contrasting enrichment by interference with the claimant’s right in English law. The chapter notes that German law accords extensive protection to the security of third party receipts through its treatment of unauthorised dispositions. The chapter claims that what could plausibly be dealt with as instances of unjust enrichment in English law are dealt with in the German law of property. It explains that the exclusion of restitution for wrongs from common law unjust enrichment diminishes the scope of the category.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.