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Sender:
Gerhard Dannemann
Date:
Mon, 13 Jul 1998 17:15:52 +0100
Re:
German Law of Restitution

 

For those interested in comparative law, and, more particularly, German law of restitution, here are a few links from the German Law Archive, a website which specialises in judgments, statutes, literature and bibliographies on German law in English language. Everything on this website is in English (or in both English and German), can be read directly on the screen and is accessible through a search mechanism.

German Law Archive
http:// units.ox.ac.uk/departments/ eurocomplaw/gla

Excerpts from the German Civil Code relating to restitution in the wider sense:
http://units.ox.ac.uk/ departments/eurocomplaw/ gla/statutes/BGBrest.htm

Five leading cases on the German law of restitution:
http://units.ox.ac.uk/ departments/eurocomplaw/ gla/judgments/bgh/BGH.htm

This includes the following decisions by the Bundesgerichtshof, Germany's highest court in civil matters:
Judgment of 11 January 1971, concerning restitution for wrongs and performance-based restitution (young bulls case)
Judgment of 7 January 1971, concerning unjustified enrichment (minor flight case)
Judgment of 19 January 1984, concerning unjustified enrichment in three party situations (bank transfer case)
Judgment of 31 January 1990, concerning a contractor's claim for a quantum meruit in an illicit labour job
Judgment of 24 February 1994, concerning guarantees given by inexperienced persons for the benefit of their relatives

This is the address of the search mechanism of the Archive:
http://units.ox.ac.uk/ departments/eurocomplaw/ gla/misc/search.htm

Visits, criticism and comments are welcome.

 

Gerhard Dannemann
University of Oxford


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