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Towards A European Law Of Unjustified Enrichment, Pietro Sirena
Towards A European Law Of Unjustified Enrichment, Pietro Sirena
Pietro Sirena
Though historically recent, a European law of unjustified enrichment is already existing and embraces both contractual and extra-contractual restitution, which however are governed by different rules and shall not therefore lose their own specificity. In contractual restitution, the remedy is based on the general principle of unjustified enrichment (both in civil and in common law by now) and has a very large field of application: unlike the German model followed by the DCFR, distinguishing between avoided and terminated contracts is not necessary from the point of view of restitution of performances rendered by the parties (as demonstrated by the CESL), …
The Rules About Restitution In The Proposal On A Common European Sales Law, Pietro Sirena
The Rules About Restitution In The Proposal On A Common European Sales Law, Pietro Sirena
Pietro Sirena
Under the point of view of restitution law, the proposal on a CESL, part VII, draws a parallel between terminated and avoided contracts, which is much more convincing than the binary model followed by the DCFR. It is, however, necessary to make this set of rules consistent with the general principle of unjustified enrichment, which according to European law represents its underpinning. In the article, a series of corrections are suggested to reach that goal.
La Restituzione Del'arricchimento E Il Risarcimento Del Danno, Pietro Sirena
La Restituzione Del'arricchimento E Il Risarcimento Del Danno, Pietro Sirena
Pietro Sirena
No abstract provided.