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Alone among the great restatements of the common law published by theAmerican Law Institute in the 1930’s and 40’s, the 1937 Restatement ofRestitution boldly asserted the existence of a new third branch of thecommon law of obligations to stand alongside contract and tort. Theorganizing thesis of the Restatement was that hitherto ignored bodies ofcommon law, known then as the law of quasi-contract, and of equity,centring on the use of the constructive trust, could be unified andrestated as a coherent legal subject resting on an underlying principleagainst unjust enrichment. The new Restatement (Third), of Restitutionand Unjust Enrichment builds on the foundation of the 1937Restatement and offers an up-to-date account of American law on thissubject which is equivalent both in its essentials and in most of its detailsto the restitutionary law of the Canadian common law provinces. TheRestatement (Third) follows the basic analytical structure of the subjectadopted in 1937 in terms of the scope of the subject, and the relationshipbetween the underlying general principle and the detailed substantiveliability rules. The Restatement (Third) includes modernized andintegrated treatments of restitutionary remedies and defences.Throughout, it achieves a more effective integration of common law andequitable doctrines than was accomplished by its 1937 predecessor.

미국 부당이득법의 과거와 현재 -제1차 Restatement부터 제3차 Restatement까지-