ELABORATION ON CONCEPTS OF RESTITUTION AND COMPENSATION AS A FORM OF LIABILITY IN PRIVATE LAW

DOI

10.2991/iclgg-17.2018.12How to use a DOI?

Keywords

corrective justice, unjustified enrichment, unjustness, loss.

Abstract

Recent development to claim damages on the basis of either default or unlawful acts would not provide saticfactory grounds to the question of justice. There will be a situation in which that no one shall be unjustly enriched at the expense of another which all outside the scope of contract and unlawful acts (or torts). This has led to the existence of an independent legal doctrine known as unjust enrichment. It is among the most debated private law subjects today in asking for justice. Corrective justice brings to the remedial relation between the plaintiff and the defendant; it is solely concerned with the norm of justice that provides reasons to restitution. Corrective justice properly evaluates the structure of unjustness to the both sides, the plaintiff and the defendant. It gives effect to restitutionary proprietary interests rather than compensatiton. This article elaborates the law of unjust enrichment as ground for restitution in conjunction with the corrective justice. Furthermore, this article focuses on the theoritical foundation of corrective justice to meet the unjustified enrichment criteria.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Faizal Kurniawan
AU  - Erni Agustin
AU  - Rizky Amalia
PY  - 2017/11
DA  - 2017/11
TI  - ELABORATION ON CONCEPTS OF RESTITUTION AND COMPENSATION AS A FORM OF LIABILITY IN PRIVATE LAW
BT  - Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017)
PB  - Atlantis Press
SP  - 85
EP  - 96
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclgg-17.2018.12
DO  - 10.2991/iclgg-17.2018.12
ID  - Kurniawan2017/11
ER  -