Volume X: Restitution - Unjust Enrichment and Negotiorum Gestio | Chapter 12 (1997): Restitution of Benefits in Family Relationship

Completed in December 1992

Ingeborg Schwenzer

117. General. – In isolated cases tort law remedies can be applied with the aim of ensuring restitution for the donor where benefits have been made in close personal relationships, if the beneficiary is responsible for the termination of the relationship. As regards practice on the international level, however, the overriding position is that tort law remedies are of almost no significance.

First, in divor…