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Reinhard Ellger
Bereicherung durch Eingriff
Das Konzept des Zuweisungsgehalts im Spannungsfeld von Ausschließlichkeitsrecht und Wettbewerbsfreiheit
[Enrichment through Intervention. The Concept of Allocation in the Conflict between Property Rights and Freedom of Competition. By Reinhard Ellger.]
2002. XXXIX, 934 pages. Published in German.
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Summary
Reinhard Ellger examines the recovery of pecuniary advantages which the party who has been unjustly enriched obtained by intervening without any legal basis in the protected legal sphere of the party at whose cost the enrichment took place. His suggestion for a solution is based on the allocative effect of absolute, subjective property rights as a criterion for the scope of application of the action of unjust enrichment and its limits. In this context, Reinhard Ellger deals with the economic functions of exclusive property rights and freedom of competition. In addition, he applies the results of his economics analysis to the field of legal theory and uses them to outline a concept of allocation.