Restitution of participants' contributions to pyramid trading schemes in the United Kingdom

Article Abstract:

Two identical judgments of the Bundesgerichtshof (German Federal Supreme Court) of 10 November 2005 where the claimants were awarded restitution of sums they had paid to the respondents for the purpose of participation in a so-called "gift community" is reviewed. The findings reveal that the central issue in the judgments was the applicability of 817, 2nd sentence [Burgerliches Gesetzbuch - (German Civil Code) (BGB)] according to which a claim for restitution is barred where both parties are at fault.

Remedies (Law), Pyramid schemes, Law overview

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Herausgabe erzielter Miete bei Doppelvermietung - Nutzbarkeitsdifferenz (Parkplatz/Marktstande) BGH, Urteil vom 10.5.2006 - XII ZR 124/02 (OLG Rostock): tenants' remedies for 'double-letting' in English law: 'vindicatory' damages at the interface of property and tort law: English case note

Article Abstract:

The author applies English law to the problem of the creditor's right to claim disgorgement of profits obtained by the debtor as compensation for breach of contract in the case of multiple lease agreements. He advocates a form of 'vindicatory damages' in addition to the compensation-for-loss model.

England, Common law, Torts

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Some comparative remarks on JA Pye (Oxford) Ltd v. The United Kingdom

Article Abstract:

The consequences of judgment in the case of Pye vs. the United Kingdom are presented.

Europe, Adverse possession, European Court of Human Rights

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