Gerhard Dannemann, THE GERMAN LAW OF UNJUSTIFIED ENRICHMENT AND RESTITUTION: A COMPARATIVE INTRODUCTION Oxford: Oxford University Press (www.oup.com), 2009. xix + 327 pp. ISBN 9780199533114. £50.

AuthorRobin Evans-Jones
DOI10.3366/elr.2010.0315
Published date01 September 2010
Date01 September 2010
Pages529-530

This superb book is a model of how comparative law can be done. It provides an excellent balance between an overview of a distinct area of the law, detailed discussion of the issues that arise across the whole spectrum of that law, and a significant contribution to an ongoing debate that is of major domestic and wider comparative interest. The book's overall conception owes a considerable debt to the author's years of teaching on the Restitution Seminar for the BCL degree at Oxford. It proceeds on the assumption that English law can learn a great deal from modern German law and that the reverse is also true. The author observes that the subject has a long provenance in England but became bogged down. Nevertheless, he adds, “preceded and assisted by scholarly work, the English courts have recently unfrozen the law of unjust enrichment and have, in less than one decade, achieved a rapid development which in other areas of the law might have taken a century” (4). This useful observation highlights the value of cooperation between scholars and courts in the development of the Common Law.

Part I (chapters 1–7) presents an overview of the German law of unjustified enrichment and, it may be noted, other restitutionary remedies, in the light of English law. This is in the sense that, throughout, points of similarity and difference with English law are highlighted. The comparison is asymmetric in favour of...

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