![]() It is suggested that the cases where the general action in unjustified enrichment has been recognized by French case law are useful to identify a set of considerations that might allow deciding indirect enrichment cases without relying on abstract notions intended to be applied in every possible scenario.Ĭomparative law unjust enrichment restitution indirect enrichment actio de in rem verso. ![]() To do so, it introduces the problem of the link between the parties in English law and compares the German and French approaches to this problem. This article seeks to demonstrate that considering the French approach to the general action in unjustified enrichment may help English law to deal with the difficulties raised by indirect enrichment cases. Weighting Competing Considerations: Civilian and Common Law Approaches to the Problem of the Link between the Parties in Unjust Enrichment Claims. Furthermore, it cannot be denied that the Supreme Court has issued a number of positive rulings on “actio de in rem verso” after the 2002 ruling which denies.LETELIER CIBIE, Pablo. Regardless of their legislative intent, this provision represents a typical “actio de in rem verso” between persons who are not parties to a contract. Article 747 (2) of the Korean Civil Code provides that the first loser has the right to claim for unjust enrichment against the beneficiary who knows that there is no legal cause and acquires a benefit of a free from intermediary. I think it is necessary to review “actio de in rem verso” positively if considering the theoretical aspect of the law in order to solve the legal relationship in Korean civil law. Nevertheless, it is questionable that our theories and precedents to deny “actio de in rem verso” because this right is not in accordance with the principles of contract law. The recognition of this right shall then depend on whether it has met the requirements for establishing the right to claim for unjust enrichment. However, as we have seen earlier, “actio de in rem verso” only have the nature of the right to claim unjust enrichment and return since common law. The Supreme Court has denied the “actio de in rem verso” on this ground. This violates the right of defense that the beneficiary can assert against the intermediary. This makes the loser superior to the general creditors of the intermediary. The loser passes the risk of the contract to the beneficiary. This is because it is contrary to the basic principle of contract law. Our Supreme Court completely denied the “actio de in rem verso” in 2002. Currently in Germany, France, Japan, and Korea, this is also discussed as part of the claim for the return of unjust enrichment. Mohr Collection americana Digitizing sponsor Google Book from the collections of Harvard University Language German. Then, the “actio de in rem verso” were no longer dealt with under contract, but in terms of claims for unjust enrichment and return. Actio de in rem Verso: Zugleich ein Beitrag zur Lehre von der Geschäftsführung by Andreas von Tuhr. In the era of common law, the relative effect of contracts began to be recognized as a general principle of civil law. Later, son's capacity for rights was recognized and slavery became meaningless. At this time, the other party was entitled to claim the performance in accordance contract against the head of household or owner. Sons or slaves whose rights were not recognized could enter into contracts and the head of household or the owner to take the profit transferred through that contract. This is the right to claim the return of benefits transferred to others and it was called “actio de in rem verso” in Roman law. At that time, there is the right of the contracting party who has not received the payment, to claim the return of unjust enrichment against the third person. ![]() ![]() Although one party to the contract fulfills its obligation to pay, the performance may result in a benefit to a third person who is not the other party to the contract.
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