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Dissertation

Aanvullend Verrijkingsrecht

On 26 June 2019, Teun van der Linden defended his thesis 'Aanvullend Verrijkingsrecht'. The doctoral research was supervised by Prof. Jac. Hijma.

Author
Teun van der Linden
Date
26 June 2019
Links
Leiden Repository

The research focuses on the question of what the principle entails, that nobody may be unjustly enriched at the expense of another person and how this principle is expressed in the system of property law. It is argued that the enrichment principle comes into its own in various property law rules and that the general enrichment action primarily has a supplementary function to resolve unforeseen enrichment cases.

An important part of the research revolves around the question of what the additional function entails for the fulfillment of the application requirements of the general enrichment action. An important finding is that the figure of unjust enrichment - to promote the additional function - should not be limited too much a priori. For example, it is argued that liability based on unjust enrichment can, under certain circumstances, offer an alternative if liability based on agreement or tort is not feasible or doubtful.

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