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One such interpretation, not yet described in the literature, may be found in the teachings of the Digest by the Byzantine jurist Stephanus.

11 In his interpretation of fragments in the Digest, he attributes a significant role to the notion of equity.

In Roman law, a limited number of actions existed for specific situations of enrichment, but a general enrichment action was lacking.

Nevertheless, there were within the Digest a number of texts that could be interpreted as pointing towards the recognition of a general liability for unjust enrichment.

I present the result of my investigation into the teachings of Stephanus, with great pleasure in this volume in honour of Philip Thomas.

2 The condictio de bene depensis 14 The twelfth book of the Digest (D 12 1) starts with a discussion of the original use of the condictio, namely as remedy for mutuum.

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5 Zimmermann (n 1) * Assistant Professor of European Legal History, VU University, Amsterdam.

The Development of Enrichment Liability: Byzantine Law in the Teachings of the Digest of Stephanus Hylkje de Jong * 1 Introduction In die Suid-Afrikaanse reg is ondanks die ontwikkeling wat in die Romeins-Hollandse reg plaasgevind het geruime tyd steeds aanvaar dat die reg geen algemene verrykingsaksie ken nie. 2 South African law acknowledges various legal claims for specific situations in which somebody has been enriched at the expense of another.

In the literature this topic has recently been discussed in an incisive manner, for instance, by Sonnekus and Visser, enquiring whether the various enrichment actions found in present-day South African law are based on one general principle.

Fundamina 16 (1) 2010 ISSN: Print X Unisa Press pp 30 Hylkje de Jong of another s affairs could also be brought to recover specific kinds of enrichment.

6 A general enrichment action, however, never emerged.

Still, a general principle, namely that no one should be enriched at the expense of another, was already formulated in two texts of Pomponius, dating from the era of classical law.



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