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Restating The Civil Law Of Quasi-Contract: Negotiorum Gestio And Unjust Enrichment, Nikolaos A. Davrados

Journal of Civil Law Studies

This Article restates the Louisiana civil law of negotiorum gestio and unjust enrichment, one decade after the common-law Third Restatement of Restitution and Unjust Enrichment. The Article first redefines and re-designates the term "quasi-contract" from a false source of obligations to a valid practical term describing the two separate institutions of negotiorum gestio and unjust enrichment. Based on this renewed understanding of quasi-contract, the Article proceeds to a detailed commentary on the revised Louisiana law of negotiorum gestio and unjust enrichment (which includes the special action for payment of a thing not due and the general action for enrichment without …

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Penalty Default Rules In Quebec Contract Law, Zackary Goldford

Journal of Civil Law Studies

Few would deny that contract law is filled with default rules, but there has been a great deal of scholarly debate about their purposes and functions. Some American scholars have argued that there are default rules that do not align with most parties’ expectations; indeed, they impose a burden on one or both parties if they are not departed from. Departing from these default rules typically requires one or both parties to share information that they might have otherwise kept to themselves. These have been called “penalty default rules.” While there is a significant amount of scholarship on penalty default …

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