Unjustified enrichment: surveying the landscape
Preliminary questions ‘Unjustified enrichment’. The expression is mysterious. So are the other terms in use for the same subject, ‘unjust enrichment’ and ‘restitution’. What is an enrichment and when is it unjustified? To state that something amounts to unjustified enrichment is merely a conclusion, that because the enrichment is unjustified it should be returned, restored or made over to the person properly entitled to it. That conclusion is in need of supporting normative argument. But what sort of argument? Some time ago the Roman jurist Pomponius wrote the now-famous words nam hoc natura aequum est neminem cum alterius detrimento et iniuria fieri locupletiorem , ‘by the law of nature it is right that nobody should be unjustly enriched at another's expense’. Pomponius's maxim encapsulates the key elements of enrichment liability: enrichment, which is unjust, and which is at the expense of the claimant. But it exemplifies a problem that faces modern legal systems, too: formulating the principles of a law of unjustified enrichment in a way which is clear and yet not excessively broad. There is no doubt that Pomponius's formulation is, as a matter of classical Roman law, much too broad. There were many cases in which unjustified enrichment was simply allowed to rest where it arose. A clear instance is the claim of a possessor in good faith who improved land from which he was later ejected by the true owner.
The law and ethics of restitution
This book analyzes the American law of restitution, including the forthcoming (third) Restatement, using an ethical perspective to expose and critically examine the normative underpinnings of the core categories of restitution. It also discusses some of the most controversial restitution issues, such as cohabitation, improper tax payments, and the role of constructive trusts as trumps in bankruptcy. It further tackles the recent high-profile subrogation claims of various governmental bodies against an increasing number of injurious industries, and unjust enrichment claims of slave laborers (or their descendants) against corporate defendants that captured ill-gotten gains from their enslavements. This book demonstrates how the concept of unjust enrichment is not an independent reason for restitution, as it is often portrayed. Rather, unjust enrichment serves as a loose framework, structuring the contextual application of commitments to autonomy, utility, and community in situations where either the cause of action or the measure of recovery is benefit-based.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.