The draft principles of European unjustified enrichment law prepared by the study group on a European civil code: A comment

摘要

The PEL Unj. Enrich, is a fascinating project, and Professor von Bar and his working group deserve our admiration and unqualified respect. However, declaring this draft to be the "final version" and placing it on the Study Group‘s website under this heading13 seems to be somewhat premature. The analysis of eight paradigm situations has revealed that the Principles as they stand today do not always provide for convincing solutions and sometimes even lead to clearly unacceptable results. Some of the remaining shortcomings may be cured with a single stroke of the pen, whereas others call for a more fundamental revision of the draft. Generally speaking, their highly complex structure, their technicality and the remoteness of their patterns from the patterns of the real world will make it difficult for the Principles to be accepted as part of European private law.