n Stellenbosch Law Review = Stellenbosch Regstydskrif - The protesting dominus : a reconsideration in the light of German law

Volume 20, Issue 3
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



Under South African law, someone who manages another's affairs (the ) is apparently awarded an enrichment action against such a person the () where the former has acted against the express wishes of the latter (). It is questionable though, whether sufficient support exists for this claim in the case law, and whether it is desirable when judged from the perspective of the policies underlying . However, comparison with German law suggests that the prevention of unjustified enrichment would, on its own, provide sufficient justification for the provision of such a remedy in the context of performance of another's obligation. It is suggested that, assuming that South African law does allow a an enrichment action where he has performed the obligation of another , this system should follow the German example and provide more concrete protection to the by borrowing protective rules from the law of cession and the general principles of unjustified enrichment.

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