On the Conceptual Origins of the Law of Unjustified Enrichment in the Draft Common Frame of Reference

Abstract

Book VII of the Draft Common Frame of Reference presents a codification of the law of unjustified enrichment, derived from European jurisdictions and legal traditions. Yet European private law lacks a ‘common core’ concerning unjustified enrichment. Thus the question arises: where did Book VII’s drafters derive their material, and which national jurisdictions are represented therein? Through comparative analysis, this paper aims to clarify the conceptual origins of Book VII, comment on the causes of divergence in this area of law, and consider the future uses of Book VII.

Keywords: Unjustified Enrichment, Unjust Enrichment, Restitution, European Private Law, Comparative Law

JEL Classification: K11, K12, K13