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DEGREE REGULATIONS & PROGRAMMES OF STUDY 2020/2021

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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Comparative Unjustified Enrichment Law (LAWS11239)

Course Outline
SchoolSchool of Law CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityNot available to visiting students
SCQF Credits20 ECTS Credits10
SummaryThis course examines the nature of the obligation of unjustified enrichment, and its related restitutionary remedies. There will be an examination of the Roman law origins of the idea of unjustified enrichment, and its development in the medieval ius commune. The principal focus will be on the modern law of a number of European systems, including Scotland, England, and Germany, these systems being compared and contrasted with each other. The elements of a claim in each jurisdiction will be analysed, as well as the remedies and defences to an action. Possible future harmonisation of unjustified enrichment will be considered, particularly in the light of model private law codes such as the Draft Common Frame of Reference. As a subsidiary but related issue, the course will also consider the obligation of negotiorum gestio.

A prior knowledge of the basics of unjustified enrichment would be useful, but is not essential.
Course description Not entered
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Course Delivery Information
Not being delivered
Learning Outcomes
The course aims to familiarise students with the principle of unjustified enrichment, and the various actions based upon that principle, within an historical and comparative perspective. Students will be encouraged to reflect upon the difference in approach between the jurisdictions studied, and to formulate ideas about possible ideal approaches in the field. They will also be encouraged to see how unjustified enrichment relates to the other obligations and to related fields such as property and trust law. They will develop oral skills in class discussions, as well as the critical faculties required for advanced legal research and writing.
Reading List
None
Additional Information
Graduate Attributes and Skills Not entered
KeywordsNot entered
Contacts
Course organiserDr Daniel Carr
Tel:
Email: dcarr2@exseed.ed.ac.uk
Course secretaryMs Clare Polson
Tel: (0131 6)51 9704
Email: Clare.Polson@ed.ac.uk
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