Abstract:
This article address central issues surrounding harmonization of unjust enrichment, such as its scope, the relationship between unjust (or unjustified) enrichment and restitution, and the subsidiary of unjust enrichment. The article argues also that the gap between continental law and common law vis-à-vis unjust enrichment is not so broad. From the perspective of Israeli law the paper refers to the distinction between restitution and unjust enrichment, the expansive role of unjust enrichment as a tool for deterring interference (encroachment) upon others’ rights and the use of constructive trusts.
Lerner, Pablo, Harmonization of Unjust Enrichment: Some Remarks from the Israeli Perspective (June 24, 2014). 1 Osserv Dir Civile e Commerciale (2012) 135.
First posted 2014-06-26 05:30:33
Leave a Reply