CONDICTIO: GERMAN MODEL
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the analysis of legal regulation of obligations arising out of unjust enrichment (which are also known as condictio obligations) in German law. The author figures out essential features that allow to distinguish German model of regulation of condictio obligations from French one. The system of condictio obligations in BGB is defined. It is argued that the main peculiarities of German condictio model are as follows: existence of general condictio action; admission of the choice of cause of action (as far as condictio and tort are concerned); infeasibility of bringing a condictio action in case of so called intermediated enrichment.
Authors and Affiliations
Yevheniia VASHTAREVA
Keywords
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