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The Principle of Unjust Enrichment. Roman Law Tradition and Modern Debate about the European Private Law
The development of the so-called soft law, which involves projects of principles from a specific area of private law prepared by international study groups, has been indicated as one of the features of modern European legal culture that can affect the shape of future law. The debate on the law of obligations is among the most advanced here. In 2001 work on the Principles of European Contract Law was finished. A further step in the direction of creating European private law inspired by these works will be the publication of the project of the Common Frame of Reference (CFR) planned for the February of 2008. It is supposed to lead to a European Civil Code and is designed as a systematic ordering of private-legal regulations already created in European law, enriched by new provisions primarily from the area of the law of obligations. From a practical point of view, the question of central significance here involves the arguments which can serve to promote the adoption of the mentioned projects as models of the private law being unified [...]
1. Introduction
2. Unjustified enrichment in the CFR project – comparative and historic perspective
3. Historic and comparative reflection on doubts arising from the formulation of the rule of unjustified enrichment in the CFR project
4. Formulation of the rule of restitution of unjustified enrichment from the perspective of a comparative-historical discussion
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The development of the so-called soft law, which involves projects of principles from a specific area of private law prepared by international study groups, has been indicated as one of the features of modern European legal culture that can affect the shape of future law. The debate on the law of obligations is among the most advanced here. In 2001 work on the Principles of European Contract Law was finished. A further step in the direction of creating European private law inspired by these works will be the publication of the project of the Common Frame of Reference (CFR) planned for the February of 2008. It is supposed to lead to a European Civil Code and is designed as a systematic ordering of private-legal regulations already created in European law, enriched by new provisions primarily from the area of the law of obligations. From a practical point of view, the question of central significance here involves the arguments which can serve to promote the adoption of the mentioned projects as models of the private law being unified [...]
1. Introduction
2. Unjustified enrichment in the CFR project – comparative and historic perspective
3. Historic and comparative reflection on doubts arising from the formulation of the rule of unjustified enrichment in the CFR project
4. Formulation of the rule of restitution of unjustified enrichment from the perspective of a comparative-historical discussion
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