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II. Judge-made Law
(820 words)

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

Completed May 2005

Peter Schlechtriem

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 se…

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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 27 January 2022 <>
First published online: 2018

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