This is the third book in the 'Ius Commune Casebooks for the Common Law of Europe' series,developed for use throughout Europe and aimed at those who teach, learn or practice law with a comparative or European perspective. The book contains excerpts from legal commentaries, leading cases and legislation from the main legal traditions within Europe (English, French and German law), as well as the Netherlands, but also relying on the contribution of mixed legal systems such as those of Scotland and South Africa. Unjustified Enrichment concerns the law of restitution and contains a wide selection of extracts from the basic texts and commentaries. The materials are chosen and ordered so as to foster comparative study, prefaced by comparative introductions and complemented with annotations prepared by a multinational team. The whole Casebook is in English.
Walter van Gerven was formerly an Advocate General at the European Court of Justice in Luxembourg and has held chairs in law at the Universities of Louvain/Leuven and Maastricht. Eltjo Schrage is Professor of Law at the University of Amsterdam and the Director of the Paul Scholten Institute.
1. Introduction and Prefatory Overview of the Systems Considered 2. The General Approach of the Law of Unjustified Enrichment 3. Enrichment 4. Impoverishment 5. Causal Connection 6. Absence of Justification or Cause 7. Subsidiarity 8. Interest,Fault and Risk 9. Restitution for Wrongs