Professor Robin Evans-Jones

Professor Robin Evans-Jones
LLB (Aberd), PhD (Edin)

Chair of Jurisprudence


Contact Details

work +44 (0)1224 272420
fax +44 (0)1224 272442
The University of Aberdeen Taylor Building, Room C33


Professor Evans-Jones specialises in Roman law, Scots law and comparative law, especially South African private law. He has been a visiting professor in the Department of Private Law, University of Cape Town since 2000. An abbreviated publications list is provided below:




The Civil Law Tradition in Scotland (ed.) (The Stair Society, 1995) pp. 1-350, ISBN 1 872517 080


Unjustified Enrichment, vol. 1, Enrichment by Deliberate Conferral: Condictio(Scottish Universities Law Institute, W. Green: Edinburgh, 2003) pp. i-xxvii, 1-348, ISBN 0 414 009 975


Unjustified Enrichment, vol. 2, Enrichment Acquired in any Other Manner (Scottish Universities Law Institute, W. Green: Edinburgh, 2013) pp. i-xxv, 1-201, ISBN 978 0 414 0849 5


The above book on unjustified enrichment is the first major work on the subject in Scots law. The subject had to be “found”, explained within its comparative and historical context and dealt with systematically. The many Scottish court decisions were allocated to their position in the new understanding of the law.


Some Reviews of volume 1 (reviews of volume 2 are forthcoming):


Hector MacQueen, 2004 SLT Issue 19, 118ff:


the book is an outstanding success..”

“Evans-Jones’ treatment is a triumph of sustained juristic analysis

“The Scottish Universities Law Institute series has contained many works which redefined Scots law in their subject areas….Evans-Jones’ work… already a worthy addition to these ranks


Mark Godfrey, 2004 JLSS:


a truly outstanding and ground-breaking book which will be the primary reference point in the field for many years to come….a model of exceptionally clear and rigorous analysis”.


Chapters in Books


“Book 16”, The Digest of Justinian (ed. W.A.J. Watson) (University of Pennsylvania, 1985) 459-478


 “Iusta Causa Traditionis” (with G.D. MacCormack) New Perspectives in the Roman Law of Property, P.B.H. Birks (ed.) (Oxford, 1989) 99-109


“The Early History of the actio quanti minoris in Scotland: A Study of the Reception and Rejection of Roman Law”, Estudios de Historia del Derecho Europeo (Madrid, 1994) 207-220


“Civil Law in the Scottish Legal Tradition”, The Civil Law Tradition in Scotland, Evans-Jones (ed.) (Stair Society, 1995) 3-13


“From Undue Transfer to Retention Without a Legal Basis”, The Civil Law Tradition in Scotland, Evans-Jones (ed.) (Stair Society, 1995) 213-253


“The History of Remedies for Personal Injury and Death in Scotland”, (with D. McKenzie) The Civil Law Tradition in Scotland, (Stair Society, 1995) 277-310


“The Law of Obligations”, (with G.D. MacCormack) A Companion to the Institutes of Justinian, E. Metzger (ed.) (Duckworth, 1998) 127-207


“The Law of Unjustified Enrichment in Scotland”, A History of Private Law in Scotland, K.G.C. Reid and R. Zimmermann (edd.) (Oxford, 2000) 369-421


“Roman Law in Britain”, Quaestiones Iuris (Berlin, 2000) 83-110


Restitution, Repetition, Recompense and Unjustified Enrichment (with P. Hellwege) Ancient Law, Comparative Law & Legal History, Essays in Honour of Alan Watson (Hart, 2001) 249-259


“Scotland, Mixed Legal Systems and the Unification of Private Law in Europe” in The Contribution of Mixed Legal Systems to European Private Law”, J. Smits (ed.) (2001) 39-49


“Failure of Consideration”, Unjustified Enrichment, D. Johnston and R. Zimmermann (edd.) (Cambridge, 2001) 128-158


“The Aedilician Remedies in Scots, South African and Modern European Private Law” Essays in Honour of Professor R. Litewski, (University of Crakow, 2003) 79-92


“Sale”, Mixed Legal Systems in Comparative Perspective, K.G.C. Reid and R. Zimmermann (edd.) (Oxford, 2004) 271-300


'From Negotiorum Gestio to Unjustified Enrichment: Past and Present'. in Essays in Honour of CG van der Merwe (Butterworths: Durban, 2011) 147-167


'Thinking About Some Scots Law: Lord Roger and Unjustified Enrichment'. in A Burrows, D Johnston & R Zimmerman (edd.), Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry (Oxford University Press, 2013) 431-445




“The Prefatory Section of D.16.3 depositi vel contra”, 25 (1978) Revue Internationale des Droits de l'Antiquite 247


“The actio depositi in factum as a Noxal Action” 83 (1981) Bullettino dell'Istituto di Diritto Romano 191


“D.16.3.22 (Marcellus 5 digestorum) and the Liability of the Heir in the actio depositi ex dolo suo” 33 (1986) Revue Internationale des Droits de l'Antiquite 117


“The Penal Characteristics of the actio depositi in factum”, 52 (1986) Studia Documenta Historiae et Iuris 105-160


“The Measure of Damages in the actio depositi in factum”, 55 (1987) Tijdschrift voor Rechtsgeschiedenis 267


“The Action of the Xll Tables on Deposit”, 34 (1988) Labeo 188


"Roman Law", Cuadernos Informativos de Derecho Historico (Barcelona, 1990) 3086


“The History of the Actio Quanti Minoris in Scotland”, 1991 Juridical Review 190


“Scots Law and Severe Disability Premium”, (with P. Duff) 1991 Scolag 181


“Payments in Mistake of Law - Full Circle”, 1992 Journal of the Law Society of Scotland 92


“The actio quanti minoris Debunked”, 1992 Journal of the Law Society of Scotland 275


“Identifying the Enriched”, 1992 Scots Law Times (News) 25


“Repetition of Payments in Sponsiones Ludicrae”, 1993 Scottish Law Gazette 11


“Unjust Enrichment, Contract and the Third Reception of Roman Law in Scotland”, 109 (1993) Law Quarterly Review 663


“Towards a Profile of the Condictio ob Turpem vel Iniustam Causam in Scots Law”, (with D. McKenzie) 1994 Juridical Review 60


“The Origins of IJ 3.23.5”, 1994 Cambridge Law Journal 473


“Roman Law in Britain (sic) Scotland”, 13 (1994) Rechtshistorisches Journal 494


“Some Reflections on the Condictio Indebiti in a Mixed Legal System”, 111 (1994) South African Law Journal 759


“The Dark Side of Connelly v. Simpson” (with J.A. Dieckmann) 1995 Juridical Review 90-101


“Swaps, Error of Law and Unjustified Enrichment" (with P. Hellwege) 1 (1995) Scottish Law and Practice Quarterly 1-17


“Sale of Free men and Sacred and Religious Ground in Roman Law” (with G.D. MacCormack) 112 (1995) Zeitschrift der Savigny Stiftung für Rechtsgeschichte 330-351


“The Claim to Recover What was Given for a Future Purpose Outwith Contract that Failed” 1996 Acta Juridica 139-176; also in The Limits of the Law of Obligations ed. D. Visser (Cape Town, 1997) 139-176


“Receptions of Law, Mixed Legal Systems and the Myth of the Genius of Scots Private Law”, 114 (1998) Law Quarterly Review 228-249


“Observations on the Taxonomy of the Law of Unjustified Enrichment in Scots Law” (with P. Hellewege) 2 (1998) Edinburgh Law Review 180-217


“Roman Law in Scotland and Englandand the Development of One Law for Britain”, 115 (1999) Law Quarterly Review 605-630


“The Distorting Images of Newton v. Newton and its Lessons for the Law of Property and Unjustified Enrichment in Scotland, 9 (2005) Edinburgh Law Review 449-457


“Remedies and Classification in Unjustified Enrichment: Satchwell v. McIntosh“ 11 (2007) Edinburgh Law Review, 105-110


“Searching for “Imposed” Enrichment in Improvements”: Classifications and General Enrichment Actions in Civilian and especially the Mixed Legal Systems of Scotland and South Africa”, 16 (2008) Restitution Law Review 18-40

Further Info

PhD Supervision Interests

Professor Evans-Jones is interested in supervising research students working in the areas of comparative law, the civil law tradition, legal history and the law of obligations.

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