Unit:
Κατεύθυνση Αστικό ΔίκαιοLibrary of the School of Law
Author:
Kagkelidou Eleftheria
Supervisors info:
Δημήτριος Λιάππης, Αναπληρωτής Καθηγητής, Τομέας Α’ Ιδιωτικού Δικαίου, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Αντώνιος Καραμπατζός, Αναπληρωτής Καθηγητής, Τομέας Α’ Ιδιωτικού Δικαίου, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Γεώργιος Γεωργιάδης, Επίκουρος Καθηγητής, Τομέας Α’ Ιδιωτικού Δικαίου, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Υπαναχώρηση από σύμβαση κατασκευαστικού έργου και αδικαιολόγητος πλουτισμός
Translated title:
Withdrawal from a construction contract and unjust enrichment
Summary:
The purpose of this study is to present the legal aspects of construction works and, in particular, the consequences that arise in the event of breach of the contractual obligations of the parties and their withdrawal from a construction contract in the private sector. The law provisions for these contracts are of great importance as knowledge of these arrangements is not only for lawyers but also for engineers, contractors, students studying construction projects that need to know the legislative framework for these projects . This study will begin from an attempt to define construction law as well as its discrimination depending on whether it regulates relations of private or public law.
A brief reference will be made to the regulations established by the European Union (EU) bodies on this issue as well as a comparative overview of similar arrangements in other jurisdictions. This reference is deemed necessary as the Greek legal order has to comply with the regulations of the EU institutions and on the other hand the provisions of the other legal orders contribute to the comparison and thus to the proposals and recommendations for improving the relevant provisions of Greek law where necessary.
The Part B and most important of this study will analyze the obligations of participants in construction projects as well as the consequences foreseen by law and by the relevant contract in case of breach. Particular emphasis will be given to the consequences of withdrawal from a construction contract, and in particular to the claims arising from unjust enrichment due to the withdrawal of the parties. At the same time, relevant case law will be mentioned, as the practical application of what is analyzed is very interesting. Then a comparative overview of Greek and German case law will be presented, which more fully regulates the claim of unjust enrichment as a result of the contracting parties' withdrawal from a construction contract, and in the end, some critical remarks will be made and conclusions will be drawn.
Main subject category:
Law and Legislation
Other subject categories:
Civil Law
Keywords:
withdrawal, unjust enrichment, construction law
