menu 简单麦麦

理性与归还:不当得利理论-Reason and Restitution: A Theory of Unjust Enrichment文件编号:829

上传于 2020年2月25日 16:03
评分:4.5/5 ★ ★ ★ ★ ★
标题(title):Reason and Restitution: A Theory of Unjust Enrichment
作者(author):Charlie Webb
出版社(publisher):Oxford University Press, USA
大小(size):12 MB (12593333 bytes)

In law, gains, like losses, don't always lie where they fall. That there exists a body of law dealing with liability for gains is now settled and the circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers. The same cannot be said, however, of the reasons for ordering restitution of such gains.

It is often suggested that unjust enrichment's existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes. Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going on to inquire into their rationale, the same cannot be said for unjust enrichment's existence as a distinct ground of such claims. For if unjust enrichment exists as a body of like cases and claims, truly independent of contract and tort, then it does so by virtue of the distinct reasons it identifies and to which these claims respond.

Reason and Restitution offers an analysis of the reasons which support and shape claims in unjust enrichment and how these reasons bear on the law's application and development. The identity of these reasons matters since it establishes how, and to what extent, unjust enrichment really is independent of contract and tort, giving us a clearer understanding of unjust enrichment's relationship to these and other concepts and categories. But, more importantly, it matters to those charged with the practical tasks of deciding cases and making laws, for it is these reasons alone which can direct how judges and legislators ought respond to these claims.

1.如有解压密码 提取码都在下面 注意查看
2.如果有问题 可以通过卖家联系方式 联系卖家 如果没有或无法解决可以联系官方客服

常见问题及官方客服联系方式:点击前往 售后问题处理方式:点击前往