Restitution, Compensation, Accumulation of Remedies and Freedom of Contract (An Analysis of Supreme Court Civil Appeal No. 4630/04, Rendered 13-12-2006)doi:10.2139/ssrn.2160230This article examines focal issues in the law of remedies, in light of the Supreme Court judgment in the case of ...
Frankel, Simon J. and Ethan Forrest. Museums' Initiation of Declaratory Judgment Actions and Assertion of Statutes of Limitations in Response to Nazi-Era Art Restitution Claims- A Defense. "Journal of Art, Technology and Intellectual Property Law" 23, no. 2, Spring 2013....
RestitutionThe recent Malaysian case of Dream Property Sdn Bhd v Atlas Housing Sdn Bhd marks a rare occasion where an improver of another's land is allowed to claim from the latter for the improvement. In a landmark judgment, the Federal Court of Malaysia recognised the right of recovery as...
Cultural PropertyArtInternationalHolocaustLooted ArtRestitutionNazi-Looted ArtAn analysis of the new trend in the United States of declaratory judgment actions concerning art displaced during the Holocaust.Jennifer Anglim KrederSocial Science Electronic Publishing...
Restitutionary Claims by Indirect TaxpayersUnjust enrichmentrestitutionoverpaid taxVATThe paper discusses the first instance judgment in Investment Trust Companies (in liq) v HMRC [2012] STC 1150, an English case on the recovery of overpaid VATMitchell, Charles...
The recent judgment of the Supreme Court in the matter of Baizman Investments Inc. v. Haliva concerns one of the most complicated problems in the law of mistake: Is a creditor, who received a contractual payment from a third party in discharge of a debt, under a duty of restitution in ...
by means other than the review of the judgment delivered, no longer remain in question, since the European Court remedied the damage by granting a compensation amounting to EUR 71,000 consisting of both the market value of the real property and compensation for the state of fear, for the dif...
(2) Vindication of legal rights is an important purpose of private law. (3) Every court judgment and every remedy whether monetary or non-monetary has a vindicatory effect. (4) Damages are the most frequently awarded private law remedy, although specific relief is granted where damages are '...
doi:10.2139/ssrn.4175169RestitutionUnjust EnrichmentPropertyLack of ConsentIgnoranceWant of AuthorityComparative LawIn Esben Finance Ltd v Wong Hou-Lianq Neil, the Singapore Court of Appeal handed down a momentous judgment, holding that, unlike in England and Wales, unjust enLeow, Rachel...
The clauses in the standard contract terms of the suppliers were condemned either as intransparent or/and as unfair by the German Federal Court (Bundesgerichtshof – BGH), supported and extended by the well-known RWE judgment of the CJEU of 21.3.2013 ruling on the scope of Dir. 93/13/...