The applicable law on unjust enrichment
2022
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Advisor: Prof. Dr. Bahattin Bahadır Erdem
Abstract (EN)
The approaches to the the applicable law on unjust enrichment claims are subject to some foreign researches. In contrast, the historical development and disputes of this subject were not discussed in detail in Turkish academic works. Hence, it is aimed to discuss the subject of the applicable law on unjust enrichment in this thesis. As the unjust enrichment in substantive law is interpreted differently in different law systems, it is very important to determine how to characterize the unjust enrichment as a connecting subject in Turkish conflict of laws law. The scope of the connecting factor lex causae condcitionis, is very disputed throughout its history. Therefore it is aimed to determine the scope of this connecting factor for the protection of party interests and providing international private law equity. The applicable law on unjust enrichment claims arising out of multi-party constellations (like contract fo the benefit of a third party) is also another important subject. As there are more than one legal relation in multi-party constellations, it is very important to determine the applicable law of unjust enrichment claims between the different parties of the muti-party constellations.
Author
Dr. Faruk Özkan
How to Cite
Faruk Özkan (Doctorate thesis). The applicable law on unjust enrichment, 2022, İstanbul University.
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