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The Common European Law of Torts: Volume One$
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Christian von Bar

Print publication date: 1998

Print ISBN-13: 9780198260561

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198260561.001.0001

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The Law of Delict in the Context of Private Law

The Law of Delict in the Context of Private Law

Chapter:
(p.423) Part 5: The Law of Delict in the Context of Private Law
Source:
The Common European Law of Torts: Volume One
Author(s):

Christian Von Bar

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198260561.003.0005

This chapter considers the position of delict in private law. Within private law delict is most clearly related to contract law; it is at the juncture between them that the most taxing problems of demarcation and co-ordination occur. Even within one national legal system a range of overlaps and intersections arise with both the law of negotiorum gestio (conducting the affairs of another without his authority) and the law of unjust enrichment. Topics discussed include the law of delict and contract law; tort: unauthorized conduct of another's affairs and unjust enrichment; and tort and property law.

Keywords:   contract law, tort law, property law, private law

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