Pablo Lerner

Hurdles in the Road to Harmonization of Unjust Enrichment

  • Abstract

Informations and abstract

Keywords: unjust enrichment, restitution, harmonization, comparative law.

This article is a response to a lecture given by Professor Pietro Sirena on unjust enrichment and trends of unification of the law in this field. Distinctions between restitution and unjust enrichment (and unjust and unjustified enrichment) and the discussion on the subsidiary character of unjust enrichment vis-à-vis other sources of obligations, are some of the hurdles in understanding different frameworks of unjust enrichment. The author shares with Professor Sirena a positive attitude toward the process of harmonization, finding that Israeli law - a mixed jurisdiction - may offer some interesting insights in depicting the framework of convergence between common law and civil law approaches.

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