“Currently, there are two understandings of unjustified enrichment that coexist in European law without apparent conflict. On the one hand, there is the view based on a general action for unjustified enrichment, which stems from an equitable view of the law; this is the understanding that can be found, for example, in traditional Spanish case law. Secondly, there is another more technical perspective that emphasizes the typology that can be traced to the so-called Roman condictiones, which were specific actions to claim for unjustified enrichment in different and well defined scenarios. In Spain, the latter is gaining more and more support amongst scholars and condictiones have even been used in recent Supreme Court decisions. The different proposals of regulation that are currently being debated both in Europe and in Spain adopt one or the other understanding of the phenomenon of unjustified enrichment. The present conference, which is the first monographic conference devoted to unjustified enrichment to be held in Spain to the date, will explore the best ways of both explaining the current materials that can be found in Spanish Law and also drafting a sensible proposal of regulation of the subject …” (more)
First posted 2016-08-27 15:18:21
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