Private Law as Restorative Justice: Notes on its Use from Historical Wrongs to Human Rights Litigation

Within the wider phenomenon of so-called ‘juridification’ of historical wrongs, the paper examines the role of private law as a tool for restorative justice. Whereas the use of private law and its remedies (such as contract, tort, unjust enrichment) as instruments for “reparation” may appear to be at odds with the functions of restorative justice, the paper assesses extensive litigation that was brought forth in different legal systems especially as of the end of the XXth Century, and which though based on claims in private law, poses a series of specific problems that deserve attention.