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

Gerhard Dannemann

Abstract

This book provides a description of the German law of unjustified enrichment. It explains 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 unjus ... More

Keywords: restriction for transfers, Peter Birks, intentional transfers, enrichment claims, legal doctrine

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780199533114
Published to Oxford Scholarship Online: September 2009 DOI:10.1093/acprof:oso/9780199533114.001.0001

Authors

Affiliations are at time of print publication.

Gerhard Dannemann, author
Professor at Humboldt-Universität zu Berlin