FAIZAL KURNIAWAN (2019) MEMPERKAYA DIRI SECARA TIDAK ADIL (UNJUST ENRICHMENT) SEBAGAI DASAR TUNTUTAN GANTI RUGI. Disertasi thesis, UNIVERSITAS AIRLANGGA.

Text (FULLTEXT) 374.Revisi 13-11-2019 (15.27)-dikompresi.pdf Restricted to Repository staff only Download (2MB) | Request a copy

Abstract

Under the existing law, sue for damages is only based on either breach of contract (wanprestatie) or unlawful act (onrechtmatige daad). Breach of contract is the ground for a case arising out of a contract. On the other hand, unlawful act mau be referred to a case that hurt the claimant. In fact, there is a case, in which the claimant is hurt but it is neither caused by breach of contract nor the fault of the actor. This is called unjust enrichment. The unjust enrichment, currently, is developed as an independent legal doctrine. This doctrine may be referred to dealing with quest for justice. In private law, there has been developed the concept of corrective justice. Corrective justice brings about the remedial relation between the plaintiff and the defendant; it deals only with rule 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 restitutively proprietary interests rather than compensation. This research elaborates the law of unjust enrichment as ground for restitution in realtion to the corrective justice. Furthermore, this research focuses on the theoretical foundation of corrective justice to meet the unjustified enrichment criteria.

Actions (login required)

View Item