Condictiones: Ke kořenům bezdůvodného obohacení – Dostalík Petr (2019)

The book addresses the issue of unjust enrichment. It maps cases in which Roman lawyers provided claims for unjust enrichment (condictio) and shows the principles they were guided by in their assessment. The work finds significant differences between the solutions to cases of unjust enrichment by classical lawyers and the solutions adopted by Emperor Justinian in his famous collection, the Corpus iuris civilis, concluding that classical Roman law on unjust enrichment is much more subtly, cleverly, and elegantly processed than the law of unjust enrichment of Emperor Justinian, which we have preserved in the Digests. The author emphasizes the fact that although modern law on unjust enrichment is based on Roman law, it is unfortunately Justinian law that serves as the model for modern unjust enrichment. For this reason, the provisions of the civil code regulating unjust enrichment are critically commented upon. The author further argues that knowledge of classical Roman law, particularly the rejection of the principle 'no one can be unjustly enriched at the expense of another' (the application of this principle was limited in Roman law only to minors), can significantly contribute to the correct interpretation and application of norms...