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Rethinking Unjust Enrichment: History, Sociology, Doctrine, and Theory

Rethinking Unjust Enrichment: History, Sociology, Doctrine, and Theory

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780192874146
  • 出版时间 December 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,292.50

¥1,253.73 Save ¥38.78 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives.

    Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether.

    The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions.

    Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.

  • Introduction
    I. History
    1:Contract and Unjust Enrichment: Lessons from History?, Warren Swain
    2:A Tale of Transplantation: The Historical Evolution of the Law of Unjust Enrichment, Siyi Lin
    3:Law of Unjust Enrichment in India, Arpita Gupta

    II. Sociology
    4:Academics and Legal Change: Birks, Savigny, and the Law of Unjust Enrichment, Sagi Peari
    5:Restitution in the United States, Emily Sherwin
    6:What was the Problem with Palm Tree Justice? Language, Justice, Equity and Enrichment, Nolan Sharkey

    III. Theory
    7:Faute de Mieux, Robert Stevens
    8:Restitution, Corrective Justice, and Mistakes, James Penner
    9:Agreement and Restitutionary Liability for Mistaken Payments, Peter Chau and Lusina Ho
    10:Law of Unjust Enrichment or Law of Unjust De-enrichment, Lutz- Christian Wolff
    11:The Way Forward, Peter Jaffey
    12:Doctrinal Design in Unjust Enrichment: On the Relation of Claims for Restitution and General Private Law, Nils Jansen

    IV. Doctrine
    13:Monism v Pluralism in Unjust Enrichment, Mindy Chen-Wishart and Emma Hughes
    14:Unjust Enrichment - Looking for a Role, Steve Hedley
    15:Embracing Private Law's Miscellany? Unjustified Enrichment and the Civilian Category of Quasi- Contracts, Pablo Letelier
    16:Challenges for Canadian Unjust Enrichment, Mitchell McInnes

    Conclusion

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