Private Law Theory

Abstract:
Of Justinian’s four classes of obligations (ex contractu, quasi ex contractu, ex delicto, quasi ex delicto), the quasi-contractual one has resisted rationalization the longest. This paper makes the claim that quasi-contracts should disappear, as a category, from French law and be replaced with a general action in unjustified enrichment. It also explores the difficulties that such a switch would entail.

(Paper is in French)

Descheemaeker, Eric, Quasi-Contrats Et Enrichissement Injustifié En Droit Français (January 19, 2012). Edinburgh School of Law Research Paper No. 2012/04.

First posted 2012-02-09 19:29:34