CPLC/3CL Travers Smith Seminar: 'The Principle of Unjust Enrichment – A Comparative Perspective'

Speaker: Professor Dr Alexander Schall (Leuphana Law School, Germany)

This is a joint 3CL-Cambridge Private Law Centre seminar.

England is the first common law jurisdiction that has recognised the principle of unjust enrichment. However, unjust enrichment remains controversial. Robert Stevens (2018) 134 LQR 574 even spoke of an “unjust enrichment disaster”. Comparative law can contribute to the continuing debate. Over the centuries, (German) civil law has moved from the Pomponian sentence “Iure naturae aequum est neminem fieri cum alterius detrimento et inuria locupletiorem” to a principle of unjustified enrichment defined as a rechtsgrundlose, unmittelbare Vermögensverschiebung (= direct shift of value/wealth lacking legal ground). Developed by Friedrich Carl von Savigny and adopted by Franz Philipp von Kübel, it became the basis of the German law in §§ 812 BGB. Both the English and the Savignian principle share the central feature of a “direct shift of value/wealth”. Therefore, it is interesting to see why the Savignian principle was overcome in Germany. It may be even more interesting to see how this should have been avoided because the performance-based approach – as then advocated by Walter Wilburg for German law and now by Robert Stevens for English law – was actually in line with and not opposed to the shift of value principle. This cognition offers a way to reconcile the critics with the jurisdiction of the Supreme Court. Unjust enrichment will become more precise and predictable. This is important because in the digital age, unjust enrichment may thrive while contract dies.

3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners. For more information on past events including recordings, please refer to the Centre activities page.

For all seminars in B16, lunch will be available beforehand in the Basement atrium area. There is no charge for lunch or to attend the seminar.

Enquiries to: 3cl@law.cam.ac.uk