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

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.

Grantor dc:publisher.institution

Department of Private Law

Year dc:date.issued

2006

Author dc:creator

• Maxwell, Catherine J

Advisor dc:contributor.advisor

• Visser, D P

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/8916

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/8916