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Unjustified Enrichment in South African Law

Publication Language: English

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ISBN/ISSN: 9780409104752
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R797.69

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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