法律英语词汇“restitution”的翻译、意思、用法、释义-法律词典

单词

restitution

释义

restitution

restitution the branch of the law of obligations that deals with the redressing of unjust enrichment subtracted from the plaintiff. In a wider sense it also covers restitution in respect of wrongs done to the plaintiff. It can be expressed by saying that a defendant must dis- gorge an unjust enrichment made at the expense of the plaintiff. Restitution for unjust enrichment is now a recognised basis of oblig- ation in English law as a result of the decisions in Lipkin Gorman v. Karpnale [1991] 2 AC 548 and Woolwich v. Inland Revenue [1993] AC

70. There is a search for an 'unjust factor'. In Scotland, in some cases

restitution must be made where there has been a transfer for no legal cause (hence the use of 'unjustified' in Scotland and other civilian jurisdictions) and it is inequitable for the defender to retain the enrichment. It has been recognised in Canada and Australia for some time. An analytical vocabulary has grown up in the Anglo-American world that makes it easier to analyse problems and find principled solutions: see NON-MATERIALISATION, FREE ACCEPTANCE, PASSING ON,

CHANGE OF POSITION. The former categorisation QUASI-CONTRACT is now less frequently encountered.

Both the English and Scottish legal systems have well-known heads of liability, the most important of the English heads being the action for MONEY HAD AND RECEIVED and in Scotland RECOMPENSE, the CON- DICTIO INDEBITI, the CONDICTIO CAUSA DATA CAUSA NON SECUTA and

NEGOTIORUM GESTIO. The Scots law is based upon developments in the civil law, but it has taken its own path in many instances.

Other obligations like RELIEF, SALVAGE and SUBROGATION can be seen

338

revolving credit facility

to have restitutionary features. The constructive trust is increasingly being seen as a form of remedial obligation that has the effect of mak- ing restitution for unjust enrichment. The term restitution is also used narrowly in Scots law to denote the obligation on a defender to return the pursuer's specific property still in the pursuer's ownership.

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