n Stellenbosch Law Review = Stellenbosch Regstydskrif - The South African Law of Unjustified Enrichment, J. du Plessis : book review




The law of enrichment has a strong claim to be counted among the most conservative areas of South African private law. By conservative I do not mean restrictive or cautious in permitting the restitution of enrichment, although that is true also. Rather, I mean that the law of enrichment adheres remarkably closely to its Roman-law roots; there is surprisingly little difference between the law preserved in Justinian's and that reflected in the modern law reports. Even so, this is not necessarily a criticism: after all, there are parts of the modern law of delict which likewise closely resemble the Roman law but which have nevertheless been held to give adequate effect to the fundamental rights enshrined in the Constitution of the Republic of South Africa, 1996 ("the Constitution"). Yet those parts of delict of which this is true - the in particular - are also among the most sophisticated portions of Roman private law. This is not true of the Roman law of enrichment.


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