Characterization of Proprietary Restitution in the Conflict of Laws
Bibliographic record
Abstract
This article examines the interaction of the law of restitution for unjust enrichment and the law of property with private international law. Classically, in private international law, the first step in the analysis of the governing law of a dispute with international elements is the classification of the dispute. This classification process sometimes involves much complexity, and this has been the case particularly for claims which in the domestic common law have been described as “proprietary restitution”.This article begins by examining many of the critical, long-lasting debates concerning the domestic law organization of the concepts of restitution and unjust enrichment, with particular regards to pro- prietary restitutionary remedies which may arise in connection with claims said to be based on unjust enrichment. When turning to private international law, the author seeks to develop an approach that attempts to go beyond the internal debates on classification and to arrive at a more neutral approach of classification that is likely to work well with the choice of law rules which have been developed essentially in accordance with the civilian, as opposed to the common law, categories of causes of action. In analyzing the classification process at the private international law level, the author attempts to address all of the major domestic law proprietary restitutionary claims such as claims to traceable proceeds, proprietary claims to the profits of wrongdoing, resulting trusts, constructive trusts arising in mistaken transfers and remedial constructive trusts.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.006 | 0.020 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.004 | 0.003 |
| Science and technology studies | 0.005 | 0.029 |
| Scholarly communication | 0.010 | 0.015 |
| Open science | 0.002 | 0.007 |
| Research integrity | 0.005 | 0.005 |
| Insufficient payload (model declined to judge) | 0.006 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".