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ACTIO DE IN REM VERSO PLUS
This statement implies that third contracting parties, even more so than principals and agents, could figure out the value – and the nature – of the peculium at the relevant time, in order to be able to sue the principal for a definite, precise, and accurate amount of money, and thus avoid the double trap of damaging minus petitio or lethal plus petitio. It is suggested that the cases where the general action in unjustified enrichment has been recognized by French case law are useful to identify a set of considerations that might allow deciding indirect enrichment cases without relying on abstract notions intended to be applied in every possible scenario.Ĭomparative law unjust enrichment restitution indirect enrichment actio de in rem verso.Roman Law accepted the fact that dependants endowed with a peculium could engage their principal’s liability up to the extent of the peculium.
To do so, it introduces the problem of the link between the parties in English law and compares the German and French approaches to this problem. This article seeks to demonstrate that considering the French approach to the general action in unjustified enrichment may help English law to deal with the difficulties raised by indirect enrichment cases. Weighting Competing Considerations: Civilian and Common Law Approaches to the Problem of the Link between the Parties in Unjust Enrichment Claims.
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