Aspects of multi-party unjustified enrichment in South African law : a comparison with German law

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dc.contributor.advisorVisser, D Pen_ZA
dc.contributor.authorMaxwell, Catherine Jen_ZA
dc.date.accessioned2014-10-29T10:07:51Z
dc.date.available2014-10-29T10:07:51Z
dc.date.issued2006en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractIn this thesis, aspects of the South African law of multi-party enrichment are compared with the equivalent rules of German law. Against the background of a general comparison of the German and South African law of unjustified enrichment, the following sets of factual circumstances are examined in detail: performance of the obligation of another; performance in accordance with an instruction; and performance in response to a cession. Rather than following a conventional comparative approach (viz where a chapter is devoted to each of the legal systems under consideration, and then comparisons are made in a final, analytical chapter), this thesis is structured as follows: each chapter begins with a comparative treatment of the legal context in which such situations arise. Then various factual permutations are treated, taking into account the German and South African approaches to such practical situations and the underlying policy factors that influence the law. On the basis of this critical evaluation, recommendations are made for the development of South African law.en_ZA
dc.identifier.apacitationMaxwell, C. J. (2006). <i>Aspects of multi-party unjustified enrichment in South African law : a comparison with German law</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/8916en_ZA
dc.identifier.chicagocitationMaxwell, Catherine J. <i>"Aspects of multi-party unjustified enrichment in South African law : a comparison with German law."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Private Law, 2006. http://hdl.handle.net/11427/8916en_ZA
dc.identifier.citationMaxwell, C. 2006. Aspects of multi-party unjustified enrichment in South African law : a comparison with German law. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Maxwell, Catherine J AB - In this thesis, aspects of the South African law of multi-party enrichment are compared with the equivalent rules of German law. Against the background of a general comparison of the German and South African law of unjustified enrichment, the following sets of factual circumstances are examined in detail: performance of the obligation of another; performance in accordance with an instruction; and performance in response to a cession. Rather than following a conventional comparative approach (viz where a chapter is devoted to each of the legal systems under consideration, and then comparisons are made in a final, analytical chapter), this thesis is structured as follows: each chapter begins with a comparative treatment of the legal context in which such situations arise. Then various factual permutations are treated, taking into account the German and South African approaches to such practical situations and the underlying policy factors that influence the law. On the basis of this critical evaluation, recommendations are made for the development of South African law. DA - 2006 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2006 T1 - Aspects of multi-party unjustified enrichment in South African law : a comparison with German law TI - Aspects of multi-party unjustified enrichment in South African law : a comparison with German law UR - http://hdl.handle.net/11427/8916 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/8916
dc.identifier.vancouvercitationMaxwell CJ. Aspects of multi-party unjustified enrichment in South African law : a comparison with German law. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Private Law, 2006 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/8916en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Private Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherLawen_ZA
dc.titleAspects of multi-party unjustified enrichment in South African law : a comparison with German lawen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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