Farewell to Unjustified Enrichment?. Issue 2 (May 2016)

• Record Type: Journal Article
• Authors: Jansen, Nils
• Is Part Of: Edinburgh law review. Volume 20:Issue 2(2016)
• Page Start: 123
• Page End: 148
• Publication Date: 2016-05
• Subjects: unjustified enrichment -- private law -- German law -- legal history -- restitution -- Pandectists -- obligations theory; Law reviews -- Scotland -- Periodicals; Law -- Scotland -- Periodicals; Law -- Periodicals; 349.411
• DOI: 10.3366/elr.2016.0339
• Languages: English
• ISSNs: 1364-9809

Abstract

Abstract : In this article, Professor Jansen sets out the historical background and present state of unjustified enrichment theory in the German-speaking civilian legal systems, Austria, Germany, and Switzerland. The German law of unjustified enrichment has grown from two intellectually separate roots. These different legal ideas were interwoven during the 19th century by the German Pandectists. During the 20th century, it began to appear to many that these ideas did not fit well with one another. Professor Jansen thus argues that the modern civilian law of unjustified enrichment is increasingly characterised by a division into independent and distinct parts. In particular, the rules on the unwinding of contracts and on payments made in contemplation of future contracts no longer have much in common with claims based on an infringement of another person's property right. The conclusion drawn is that the Germanic systems should take their leave of the unifying idea of unjustified enrichment.