Unjust Enrichment in South African Law

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Author :
Publisher : A&C Black
ISBN 13 : 1782251391
Total Pages : 384 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Unjust Enrichment in South African Law by : Helen Scott

Download or read book Unjust Enrichment in South African Law written by Helen Scott and published by A&C Black. This book was released on 2014-07-18 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.

The Law of Obligations

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Author :
Publisher : Clarendon Press
ISBN 13 : 9780198764267
Total Pages : 1316 pages
Book Rating : 4.7/5 (642 download)

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Book Synopsis The Law of Obligations by : Reinhard Zimmermann

Download or read book The Law of Obligations written by Reinhard Zimmermann and published by Clarendon Press. This book was released on 1996 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.

The German Law of Unjustified Enrichment and Restitution

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199533113
Total Pages : 349 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The German Law of Unjustified Enrichment and Restitution by : Gerhard Dannemann

Download or read book The German Law of Unjustified Enrichment and Restitution written by Gerhard Dannemann and published by Oxford University Press, USA. This book was released on 2009 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.

Private Law Among the Romans from the Pandects

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Author :
Publisher : Fred B. Rothman
ISBN 13 :
Total Pages : 458 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Private Law Among the Romans from the Pandects by : John George Phillimore

Download or read book Private Law Among the Romans from the Pandects written by John George Phillimore and published by Fred B. Rothman. This book was released on 1863 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reproduction of the original artefact. Generally these books are created from careful scans of the original. This allows us to preserve the book accurately and present it in the way the author intended. Since the original versions are generally quite old, there may occasionally be certain imperfections within these reproductions. We're happy to make these classics available again for future generations to enjoy!

Mixed Jurisdictions Compared

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Publisher : Edinburgh University Press
ISBN 13 : 0748642129
Total Pages : 456 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Mixed Jurisdictions Compared by : Vernon Palmer

Download or read book Mixed Jurisdictions Compared written by Vernon Palmer and published by Edinburgh University Press. This book was released on 2009-10-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Returning to a theme featured in some of the earlier volumes in the Edinburgh Studies in Law series, this volume offers an in-depth study of 'mixed jurisdictions' - legal systems which combine elements of the Anglo-American Common Law and the European Civil Law traditions. This new collection of essays compares key areas of private law in Scotland and Louisiana. In thirteen chapters, written by distinguished scholars on both sides of the Atlantic, it explores not only legal rules but also the reasons for the rules, discussing legal history, social and cultural factors, and the law in practice, in order to account for patterns of similarity and difference. Contributions are drawn from the Law Schools of Tulane University, Louisiana State University, Loyola University New Orleans, the American University Washington DC, and the Universities of Aberdeen, Strathclyde and Edinburgh.

Roman Law in the Modern World

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Author :
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Roman Law in the Modern World by : Charles Phineas Sherman

Download or read book Roman Law in the Modern World written by Charles Phineas Sherman and published by . This book was released on 1917 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Cape Law Journal

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Publisher :
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Cape Law Journal by :

Download or read book The Cape Law Journal written by and published by . This book was released on 1888 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

South African Law Journal

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Author :
Publisher :
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis South African Law Journal by :

Download or read book South African Law Journal written by and published by . This book was released on 1888 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rerum Britannicarum Medii Ævi Scriptores, Or, Chronicles and Memorials of Great Britain and Ireland During the Middle Ages

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Author :
Publisher :
ISBN 13 :
Total Pages : 790 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Rerum Britannicarum Medii Ævi Scriptores, Or, Chronicles and Memorials of Great Britain and Ireland During the Middle Ages by :

Download or read book Rerum Britannicarum Medii Ævi Scriptores, Or, Chronicles and Memorials of Great Britain and Ireland During the Middle Ages written by and published by . This book was released on 1879 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Treatise on the Law of Obligations, Or Contracts

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Author :
Publisher :
ISBN 13 :
Total Pages : 546 pages
Book Rating : 4.R/5 (2 download)

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Book Synopsis A Treatise on the Law of Obligations, Or Contracts by : Robert Joseph Pothier

Download or read book A Treatise on the Law of Obligations, Or Contracts written by Robert Joseph Pothier and published by . This book was released on 1839 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Revolution and Evolution in Private Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509913254
Total Pages : 413 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Revolution and Evolution in Private Law by : Sarah Worthington

Download or read book Revolution and Evolution in Private Law written by Sarah Worthington and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

Contract Law in Lithuania

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530669
Total Pages : 657 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contract Law in Lithuania by : Laurynas Didžiulis

Download or read book Contract Law in Lithuania written by Laurynas Didžiulis and published by Kluwer Law International B.V.. This book was released on 2023-03-20 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Lithuania covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Lithuania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Commentary on Cession of Actions

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Author :
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Commentary on Cession of Actions by : Johan van den Sande

Download or read book Commentary on Cession of Actions written by Johan van den Sande and published by . This book was released on 1906 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Des obligations naturelles en droit romain

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Author :
Publisher :
ISBN 13 :
Total Pages : 608 pages
Book Rating : 4.0/5 (18 download)

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Book Synopsis Des obligations naturelles en droit romain by : Eugène Machelard

Download or read book Des obligations naturelles en droit romain written by Eugène Machelard and published by . This book was released on 1861 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Commentaries on the Modern Civil Law

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Publisher :
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Commentaries on the Modern Civil Law by : George Bowyer

Download or read book Commentaries on the Modern Civil Law written by George Bowyer and published by . This book was released on 1848 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Locuciones Latinas En Materia Juridica

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Publisher : Palibrio
ISBN 13 : 1463341830
Total Pages : 605 pages
Book Rating : 4.4/5 (633 download)

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Book Synopsis Locuciones Latinas En Materia Juridica by : Noé Bustamante Bustamante

Download or read book Locuciones Latinas En Materia Juridica written by Noé Bustamante Bustamante and published by Palibrio. This book was released on 2012-11 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: El presente manuscrito es una compilación de diversas Locuciones Latinas en Materia Jurídica. No es una guía de Derecho. Tampoco una exposición doctrinaria de las locuciones plasmadas, sólo se busca mostrar sencillamente, algunas locuciones y vocablos visualizados en diversos textos, cuyos autores se exponen en la bibliografía, haciendo con mucho respeto hacia ellos. De inicio se muestra un capítulo de "introducción", con lo que se busca explicar la importancia del contenido, se detalla una "breve historia romana" alusiva a los "orígenes de la península italiana", los "pueblos que conformaron la península itálica", sobre todo los pueblos que se establecieron en la región del Lazio, (centro-sur de Italia), los etruscos, (norte-centro de Italia) y los colonizadores griegos que se establecieron en el sur de Italia, todos ellos contribuyeron al crecimiento de Roma a partir de su fundación en el siglo VIII a.C. La obra de "Rómulo y Remo", "La Monarquía", "La República, "El Imperio" (sus emperadores y su ocaso); cómo surge el "Derecho Romano", y "el uso del latín en el derecho". Con la explicación breve en cada una de las locuciones y vocablos, (de las de mayor importancia), se busca explicar el sentido de las mismas, es decir, lo que pensaron y quisieron decirnos los antiguos jurisconsultos romanos. De manera general, se muestra brevemente la historia romana, la conformación del Derecho y las locuciones con una breve explicación.

The Law Quarterly Review

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Author :
Publisher :
ISBN 13 :
Total Pages : 522 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law Quarterly Review by : Frederick Pollock

Download or read book The Law Quarterly Review written by Frederick Pollock and published by . This book was released on 1887 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: