Tradition is a volatile phenomenon in law as in literature. Legal scholars have claimed the existence of a tradition concerning unjustified enrichment as a source of obligations. Has this alleged tradition influenced the provisions in the Dutch civil code on unjustified enrichment? The answer must be ambiguous. History, as such, is not a convincing source of inspiration for modernizing civil law. But as one of the workers on this part of the Dutch code I cannot deny a certain psychological effect of this tradition, even if invented. Such inventions make fascinating reading and stick to the mind.
European Review of Private Law