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This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives.Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether.The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions.Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
This volume investigates whether the prevailing doctrine of unjust enrichment remains a coherent or necessary framework for modern legal systems. Editors Sagi Peari and Warren Swain curate a collection of essays from international scholars who examine the historical, sociological, doctrinal, and theoretical foundations of the field. The contributors argue that the current application of unjust enrichment is flawed, proposing various reforms or total abandonment of the doctrine based on comparative legal analysis.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this work as a significant contribution to the ongoing debate regarding the legitimacy of unjust enrichment as a distinct category of law. The text is noted for its high level of academic density and its utility for those seeking to understand the structural weaknesses within contemporary private law.
Page Count:
400
Publication Date:
2024-01-01
Publisher:
Oxford University Press
ISBN-10:
0192874144
ISBN-13:
9780192874146
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