为填补合同法与侵权法间的空白区域,英美法产生了返还法,又译为恢复原状法(reestitution law),此法也被称为不当得利(unjust enrichment)、准合同(quasi contract)。[2]如今,在英美等普通法国家,不当得利法是与合同法和侵权法相并行而独立的法律部门。 在我国,多数英文的法律名词和术语,都很难在中文中找到与此相...
contract law, property law, disgorgement of gains from misuse of a fiduciary position. Essentially, “unjust enrichment” has a “taxonomical function” referring to categories of cases where the law provides for restoration of what has been transferred from the claimant to the defendant.9 The ...
Unjust Enrichment and the Law Even though an unjust enrichment doctrine is often called a quasi-contractual remedy, it isn't based on a contract. Instead, litigants use the remedy of unjust enrichment when there isn't a verbal or written contract to support their claims. If this occurs, the...
四、“unjust enrichment”是否等于“不当得利” “不当得利”在英美法上系分散于准契约(quasi contract)、信托等制度,迄未形成一个与契约、侵权行为鼎力而立的法律领域(王泽鉴,2002:12)。英美法系中的“准契约制度”与大陆法系中的“不当得利”与“无因管理”制度存在相似之处,但也有很多差别。准契约概念源自古...
law of restitutionrestitutionary claimThis chapter examines the relationship between contract and claims for unjust enrichment (principally for failure of consideration) and argues that, on its true construction, a contract can rule out or limit a restitutionary claim for unjust enrichment even when ...
1)Unjust Enrichment不当得利 1.On application principles of unjust enrichment;试论不当得利的准据法适用原则 2.Unjust Enrichmentin Private International Law;不当得利的国际私法问题 3.After bona fide third party establishes the free acquiring in good faith,the interests of the original owners should ado...
Instead, the law requires that the unjustly enriched person should make restitution to the person who has been deprived of what is rightfully theirs. In modern legal systems, unjust enrichment is a principle that applies across a wide range of legal contexts. It is often used to enforce ...
Another case where a claim for unjust enrichment might be made is where there is amarriage contract. If a marriage contract results in a very lopsided division of property, a claim for unjust enrichment may be a way around this. I would argue that this is analogous to a common law situat...
1.See corresponding entry in Unabridgedinequitable, partial, unfair, prejudiced, biased; undeserved, unmerited, unjustifiable. Collins Concise English Dictionary © HarperCollins Publishers:: unjust/ʌnˈdʒʌst/adj not in accordance with accepted standards of fairness or justice; unfair ...
Unjust Enrichment and the Law Even though an unjust enrichment doctrine is often called a quasi-contractual remedy, it isn't based on a contract. Instead, litigants use the remedy of unjust enrichment when there isn't a verbal or written contract to support their claims. If this occurs, the...