2 edition of Restitution in public and private law found in the catalog.
Restitution in public and private law
Gareth H. Jones
|Statement||by Gareth Jones.|
|Contributions||National Law School of India University.|
|The Physical Object|
|Pagination||xi, 172 p. ;|
|Number of Pages||172|
Many sections of Levine, Jung, and Thomas's Remedies: Public and Private include problems for use as written assignments or as the basis for oral discussion. The section on punitive damages has been reorganized and expanded. The teacher's manual includes briefs for every principal case and full treatment of note material. This casebook covers: An introduction to the law of remedies Nature. Andrew Burrows continues to provide an authoritative account of the law of restitution in the third edition of this highly-praised textbook. Fully revised and updated, this edition includes a wealth of new cases and academic thinking in addition to thorough examination of the subject as a whole/5(3).
This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. The roots of these principles are traced to Roman law and private law concepts. This book's chapters are devoted to the philosophical foundations of one of the most dynamic areas of private law — the law of unjust enrichment. Taking stock of the rapid changes to the law of unjust enrichment over the last decade, some of the most important writers in the area examine central questions raised by demarcating unjust enrichment as a separate area of private law, including.
Since the decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners  AC 70, the law governing claims for restitution of overpaid tax has experienced rapid and profound evolution. This has been so not only in England, but also elsewhere in the common law world as well as on the European plane. The essays in this collection consider the new. (1.) Professor of Law, Tel Aviv University Law School. The book expands and refines the analysis presented in Dagan's previous book on restitution, HANOCH DAGAN, UNJUST ENRICHMENT: A STUDY OF PRIVATE LAW AND PUBLIC VALUES (), and a number of articles on the subject. (2.).
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Restitution in public and private law. London: Sweet & Maxwell, published under the auspices of the National Law School of India University, (OCoLC) Document Type: Book: All Authors / Contributors: Gareth H Jones; National Law School of India University.
THE PUBLIC LAW OF RESTITUTION GREG WEEKS* Restitution is the body of law that responds to unjust enrichment. It is a private law doctrine but, like other fields of private law such as the law of torts, it intersects signifi-cantly with public law.
This article examines the seminal case of Woolwich Equitable. As a body of law, it has mainly related to transactions between private entities. The decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners  AC 70 changed the law of restitution as it had developed in the UK up to that : Greg Weeks.
About Restitution in Private International Law. This important new book fills a large gap in legal literature by examining restitution in private international law,including both the jurisdiction and choice of law questions facing restitutionary claims with international elements.
If you are interested in learning about litigation over the restitution of artworks seized during the Holocaust, this book is a great choice. The book provides a thorough analysis of various cases, ranging from claims brought against public museums, private collectors, and foreign states.5/5(4).
The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the by: These essays explore issues arising from the restitution of overpaid taxes from various perspectives including the tax background, various private law claims, alternative public law approaches, defences, and remedies.
They cover the leading cases from various jurisdictions, such as Australia, Canada, the EU, Germany, and Ireland, and the UK. Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems).It is to be distinguished from public law, which deals with relationships between both natural and artificial persons.
This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have infact been evolving for over than taking the traditional approach which assumes that.
Initially, Rome's public law was closely related to religion, but over time this connection weakened. After the Roman Empire, the concept of public law was adopted by monarchies and republics.
In monarchies, public law represented the power of the monarch, while in. Whatever happened to the study of restitution. Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship.
Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to Cited by: Civil law is a branch of the law. In common law legal systems such as England and Wales and the United States, the term refers to non-criminal law.
The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism).
Civil law may, like criminal law, be divided into substantive law and procedural making: Ballot measure, Codification, Decree, Edict. Get this from a library. Restitution in Private International Law. [George Panagopoulos] -- This important new book fills a large gap in legal literature by examining restitution in private international law, including both the jurisdiction and choice of law questions facing restitutionary.
The Public Law of Restitution. This book would, I think, be of interest to law and policy scholars generally, thus embracing a cross-disciplinary cadre of humanities researchers, as well as Author: Greg Weeks. The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date.
It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. Following important decisions of the Supreme Court and other courts, large-scale changes have. The St Ives Family Group, described as a "leading family law set" in the edition of Chambers and Partners and "one of the best in the region", with "high-calibre advocates", in The Legalis immensely proud of the recent achievements of its private law practitioners.
Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship.(1) Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore.(2) Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values(3.
This chapter focuses on one form of reparation in international law: restitution. Restitution requires the re-establishment of the situation that had existed before the commission of an internationally wrongful act or the status quo ante. Though restitution has been recognized as the primary remedy in international law, practical limitations have minimized its use in international investment.
RESTITUTION LAW Swadling and Jones (e ds), The Search for Principle: Essays in Honour of Lord Goff of Chieveley () Beatson, ‘The temptation of elegance: concurrence of restitutionary and contractual claims’ Birks, ‘The role of fault in the law of unjust enrichment’ Robertson and Wu (eds), The Goals of Private Law ()File Size: 23KB.
Woolwich and the Creation of the Public Law Reason for Restitution. T HE FIRST CASE to raise sharply the relationship between public law and the law of unjust enrichment was Woolwich Equitable Building Society v IRC, 1 which entailed a claim for the return of money from a public body.
The Facts. Untilthe tax position of building societies, so far as concerned accounting for tax. Resolving private law’s conceptual structure at the middle level focuses debate where it is needed. Important questions about the role of public values and the ultimate grounding of private law remain open and are sharpened by recognizing the role that complexity plays.
In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law.
In particular, she explores the use of private international law in the context Author: Christa Roodt.The course will focus on the law of restitution emphasizing American cases, and will include discussion of the restitutionary remedies that are given in cases of unjust enrichment.
Attention will be given throughout to the relationship between the law of restitution and other areas of .