II. Judge-made Law
(805 words)

Volume X: Restitution - Unjust Enrichment and Negotiorum Gestio | Chapter 1: Introduction

5. – Courts have always shaped and re-shaped the rules of restitution and unjust enrichment, even where they were codified by lawmakers confident that they had solved and encoded every problem in the norms drafted by them, as were the drafters of the German Civil Code. This process has not stopped with the publication of the main chapters of this volume, and has, in some areas, even increased in speed and results, so that some sections of these chapters – notabl…

Cite this page
Peter Schlechtriem, “II. Judge-made Law”, in: International Encyclopedia of Comparative Law Online, Edited by: U. Drobnig, R. David, H. H. Egawa, R. Graveson, V. Knapp, A. T. Von Mehren, Y. Noda, S. Rozmaryn, V. M. Tschchikvadze, H. Valladão, H. Yntema, K. Zweigert. Consulted online on 16 January 2019 <http://dx.doi.org/10.1163/2589-4021_IECO_COM_100102>
First published online: 2018



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