The History of a Mystery: The Evolution of the Law of Unjust Enrichment in Germany, England and China

Authors

• Steve Gallagher, The Chinese University of Hong Kong
• Lin Siyi, King & Wood Mallesons, Hong Kong
• Lutz-Christian Wolff, The Chinese University of Hong Kong

Abstract

The law of unjust enrichment, despite being recognized in all modern jurisdictions, remains controversial due to its complexities. This article examines the historical development of unjust enrichment in Germany, England, and China, arguing that the concept's simplicity and academic influence are root causes of ongoing doctrinal and practical challenges. The analysis critiques the single principle approach—whereby any unjustified enrichment must be returned—highlighting its failure to address diverse scenarios effectively. The article concludes that this flawed foundational concept, compounded by academic ambitions, has led to persistent issues across all three jurisdictions.

Disciplines

Comparative and Foreign Law | Contracts | International Law | Law | Legal History | Legal Remedies

Recommended Citation

Steve Gallagher, Lin Siyi & Lutz-Christian Wolff, The History of a Mystery: The Evolution of the Law of Unjust Enrichment in Germany, England and China, 3 Cardozo Int’l & Compar. L. Rev. 337 (2020).
Available at: https://larc.cardozo.yu.edu/ciclr/vol3/iss2/3