Author: JC Sonnekus

This new release contains an encompassing layout of the generic requirements common to all types of collections based on unjustified enrichment, and adds thereto the unique aspects that have developed in judgments regarding specific collections.

The general principles and generic requirements of liability based on unfounded enrichment are discussed in the first two chapters. This is done separately from the constraints of the individual and traditional condictiones. In subsequent chapters the attention turns to the traditional condictiones as crystalised examples of liability in enrichment while the additional qualifications demanded by public policy in view of particular circumstances embroidered around the patrimonial transfer, are also discussed.

Every sub-section discusses the most important judgments individually and the inclusion of comparative English, Dutch and German legal aspects enables the practitioner to track development trends. Reported judgments up to December 2007 have been considered.

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Topics Covered

• Preliminary – general premise
• Generic requirements for a claim in enrichment
• Condictio causa data causa non secuta
• Condictio ob causam finitam
• Condictio ob turpem causam
• Condictio furtive
• Actio negotiorum gestorum contraria –
• Action resulting from unauthorised administration of another’s affairs
• Condictio indebiti – the claim for indebite payment
• Condictio sine causa