The Sophistication of Unjustified Enrichment: A Response to Nils Jansen

Abstract

In this article, Professor Hector MacQueen offers a Scots law response to the recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, “Farewell to Unjustified Enrichment” (2016) 20 EdinLR 123). The author argues that unjustified enrichment provides, and continues to provide, a useful “generalising” concept, the creative effects of which are far from spent (at least in Scotland).