Law of enrichment : a comparative study of the German and South African legal systems

dc.contributor.authorWeigell, Rudolf
dc.date.accessioned2017-06-29T07:06:05Z
dc.date.available2017-06-29T07:06:05Z
dc.date.issued1984
dc.date.updated2017-06-27T08:51:08Z
dc.description.abstractThe purpose of this thesis is to compare the S.A. law of enrichment with the German BGB, to answer the question whether both systems are so similar that in both of them a general enrichment action could exist. Before this question can be answered in the affirmative, it has to be investigated whether, first of all, a basic structural similarity of these two Romanistic legal systeas exist and (secondly), whether the BGB recognizes a general enrichment action. The coaparison would be fairly easy if one could say that at least the basic principles of each system were of a firmly developed and undisputed nature. But this is far from true! Voluminous works have been written not only concerning the law of enrichment in general, but even concerning each specific element of enrichment liability. I do not intend to add another compendium to this huge number. Nor do I intend to discuss the actio negotiorum gestorum. This thesis is aimed at giving a short outline of both systems of unjustified enrichment, and elaborating basic principles of enrichment liability; thereafter the difference between the two systems will be highlighted by examples and, finally, special attention will be paid to the problem of a general enrichment action.
dc.identifier.apacitationWeigell, R. (1984). <i>Law of enrichment : a comparative study of the German and South African legal systems</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/24663en_ZA
dc.identifier.chicagocitationWeigell, Rudolf. <i>"Law of enrichment : a comparative study of the German and South African legal systems."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 1984. http://hdl.handle.net/11427/24663en_ZA
dc.identifier.citationWeigell, R. 1984. Law of enrichment : a comparative study of the German and South African legal systems. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Weigell, Rudolf AB - The purpose of this thesis is to compare the S.A. law of enrichment with the German BGB, to answer the question whether both systems are so similar that in both of them a general enrichment action could exist. Before this question can be answered in the affirmative, it has to be investigated whether, first of all, a basic structural similarity of these two Romanistic legal systeas exist and (secondly), whether the BGB recognizes a general enrichment action. The coaparison would be fairly easy if one could say that at least the basic principles of each system were of a firmly developed and undisputed nature. But this is far from true! Voluminous works have been written not only concerning the law of enrichment in general, but even concerning each specific element of enrichment liability. I do not intend to add another compendium to this huge number. Nor do I intend to discuss the actio negotiorum gestorum. This thesis is aimed at giving a short outline of both systems of unjustified enrichment, and elaborating basic principles of enrichment liability; thereafter the difference between the two systems will be highlighted by examples and, finally, special attention will be paid to the problem of a general enrichment action. DA - 1984 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 1984 T1 - Law of enrichment : a comparative study of the German and South African legal systems TI - Law of enrichment : a comparative study of the German and South African legal systems UR - http://hdl.handle.net/11427/24663 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/24663
dc.identifier.vancouvercitationWeigell R. Law of enrichment : a comparative study of the German and South African legal systems. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 1984 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/24663en_ZA
dc.language.isoeng
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherUnjust enrichment - legal aspects
dc.titleLaw of enrichment : a comparative study of the German and South African legal systems
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLM
uct.type.filetypeText
uct.type.filetypeImage
uct.type.resourceThesisen_ZA
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