Harmonization of Unjust Enrichment: Some Remarks from the Israeli Perspective

1 Osserv. Dir. Civile e Commerciale (2012) 135

23 Pages Posted: 25 Jun 2014

See all articles by Pablo Lerner

Pablo Lerner

Center of Law and Business- Ramat Gan; Zefat Academic College

Date Written: June 24, 2014

Abstract

This article address central issues surrounding harmonization of unjust enrichment, such as its scope, the relationship between unjust (or unjustified) enrichment and restitution, and the subsidiary of unjust enrichment. The article argues also that the gap between continental law and common law vis-à-vis unjust enrichment is not so broad. From the perspective of Israeli law the paper refers to the distinction between restitution and unjust enrichment, the expansive role of unjust enrichment as a tool for deterring interference (encroachment) upon others’ rights and the use of constructive trusts.

Keywords: unjust enrichment, restitution, Israeli law, harmonization, constructive trusts

JEL Classification: K11, K12

Suggested Citation

Lerner, Pablo, Harmonization of Unjust Enrichment: Some Remarks from the Israeli Perspective (June 24, 2014). 1 Osserv. Dir. Civile e Commerciale (2012) 135, Available at SSRN: https://ssrn.com/abstract=2458379 or http://dx.doi.org/10.2139/ssrn.2458379

Pablo Lerner (Contact Author)

Center of Law and Business- Ramat Gan ( email )

26 Ben-Gurion St.
Ramat Gan, 52275
Israel

Zefat Academic College

11 Jerusalem St.
Zefat, 1320611
Israel

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