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The German Law of Unjustified Enrichment and RestitutionA Comparative Introduction$
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Gerhard Dannemann

Print publication date: 2009

Print ISBN-13: 9780199533114

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199533114.001.0001

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The Undoing of Performance: Basics

The Undoing of Performance: Basics

(p.21) 2 The Undoing of Performance: Basics
The German Law of Unjustified Enrichment and Restitution

Gerhard Dannemann

Oxford University Press

This chapter begins with a discussion of the performance concept. It shows that the Leistungskondition provides a simple solution for the majority of all unjustified enrichment cases, but does not cover situations which have to be covered by the ‘enrichment in another way’ provision. The chapter also looks at where, in English law terminology, another ‘unjust factor’ must be found. The chapter then covers the enrichment of the defendant and claimant.

Keywords:   German civil law, restitution, unjust enrichment, performance concept, Leistungskondition

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