Wrongful Enrichment

A Study in Comparative Law and Culture

By: Nahel Asfour, Christian Joerges (Editor), Gunther Teubner (Editor)

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Hardcover | 21 September 2017

At a Glance

Hardcover
216 Pages

Dimensions(cm)
23.62 x 15.75 x 2.29

Hardcover

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This book analyses the relationship between unjust enrichment law and its development, and social culture, in three geographical regions: the US, the EU and the late Ottoman Empire. It takes as its starting point three celebrated legal texts which correspond, though imperfectly, with the different legal traditions: the Draft Common Frame of Reference for the European Union, the Restatement(s) of Restitution for the United States of America and the Mecelle for the late Ottoman Empire. It explains how these texts in fact reiterate typical poetics and dispositions of positive laws found in the respective region, and argues that we should understand each text not only as the craft of professionals, but also as an imitation of culture. In so doing, the book offers bold cultural accounts of acknowledged differences in legal approach to restitution and unjustified enrichment law, such as wrongfulness/factor-based vis-a-vis absence of cause, burden of proof, benefit vis-a-vis thing, disgorgement of profits vis-a-vis reversal of fruits, the default typical remedy and more.

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