Unjustified Enrichment in South African Law
Unjustified Enrichment in South African Law contains an encompassing layout of the generic requirements common to all types of collections based on unjustified enrichment.
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Product description
Unjustified Enrichment in South African Law contains an encompassing layout of the generic requirements common to all types of collections based on unjustified enrichment.
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Table of contents
Preliminary - general premise
Definition of unfounded enrichment
Unfounded patrimonial transfer as key requirement for a claim in enrichment
Distinguishing condicio and condictio
The law of enrichment as part of self-correction and equity
The law of enrichment as last resort of the law of obligations
Nature of remedy
Generic characteristics vs general claim in enrichment
Ratio for and place of actions in enrichment
Distinction from other obligatory facts
Generic requirements for a claim in enrichment
The defendant must be enriched and the plaintiff must be impoverished
The defendant's enrichment must occur at the expense of the plaintiff's impoverishment
The enrichment must be unfounded
There should be no rule of the law that denies a right of restitution to the impoverished despite the presence of the other elements
Keeping abreast with international developments in the law of enrichment
Summary
Condictio causa data causa non secuta
The Roman law foundation
Roman-Dutch expansion
South African law
Condictio ob causam finitam
General principles
Application
Condictio ob turpem causam
The principles of the Roman law
Roman-Dutch expansion
South African law
Condictio furtiva
Roman law origin
South African law
Actio negotiorum gestorum contraria - Action resulting from unauthorised administration of another's affairs
Roman law origin
Roman-Dutch extensions
South African law
Condictio indebiti - the claim for indebite payment
Roman law origin
Roman-Dutch law
South African law
Condictio sine causa
9.4 - Roman law heritage
9.5 - Development in the Roman-Dutch law
9.6 - South African law
Bibliography
Table of Cases
Index