Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer (Hart Studies in Private Law Book 7)

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Management number 231940518 Release Date 2026/06/18 List Price US$40.04 Model Number 231940518
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Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis. Read more

ASIN B00LC4S7X0
XRay Not Enabled
ISBN13 978-1782251392
Edition 1st
Language English
File size 1.2 MB
Page Flip Enabled
Publisher Hart Publishing
Word Wise Enabled
Print length 251 pages
Accessibility Learn more
Screen Reader Supported
Part of series Hart Studies in Private Law
Publication date July 18, 2014
Enhanced typesetting Enabled

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