Schiffskollision, höhere gewalt und autonome schifffahrt

Samuel Vuattoux-Bock offers an interpretation of force majeure for autonomous shipping by examining their legal characteristics and their relationship in a French-German analysis. The author also proposes a new objective liability resulting from a ship collision and explores the design of force m...

Formnichtige verträge zwischen rückabwicklung und erfüllung

In German law, formally void contracts lead primarily to their restitution and rarely, if ever, to their fulfilment. English law, on the other hand, does not prefer restitution over fulfilment. Using a comprehensive case analysis, Carolin Janson illuminates these principles and contextualizes the...

Klimahaftung von unternehmen

The consequences of climate change have become a reality for us all. Who should be held financially liable for the resulting damages. German liability law needs to focus on the companies responsible for around two thirds of global carbon dioxide emissions. Anna Simon's study reveals where legal f...

Tokenized finance

The legally secure linking of assets with blockchain tokens (tokenization) is a key area of application for blockchain technology. This collection covers the technical foundations of tokenization and matters of comparative law covering Singapore, Portugal, Austria, Italy and the USA.

Grenzüberschreitende klimaklagen

Climate change litigation is taking global climate change to court. Mai-Lan Tran navigates the intersection of public and private law, shedding light on the effect of plant permits and emission certificates in tort law and international private law.

Enforcing private regulation in the platform economy

The book addresses one of the most pressing issues of the present-day market and society: the growing position of online platforms (such as Facebook and Amazon) in governing market and society. It systematically examines the background of this phenomenon and prospects for its regulation by states.

Respondeat superior und unternehmensdeliktsrecht

The historical legislator intended the liability of employees in tort to favor businesses. However, court attempts to close these recognized liability gaps only ever fail or succeed in an unsatisfactory doctrinal manner. In contrast, Mareike Klappert's study calls for the abolition of § 831 of th...

Social-media-accounts verstorbener personen

What legal challenges arise in the case of a digital inheritance in the form of a social media account? Anna Herzing examines the inheritability of the contractual right of use, providers' general terms and conditions clauses and the personal rights implications of further use and exploitation by...

Who's afraid of punitive damages?

What is the state of play for punitive damages and how are they treated around the world? The contributors to this volume discuss the hostility to punitive damages in civil law jurisdictions, their evolution in US law, and recent international developments to answer the question: 'Who is (still) ...

Die achtung des fremden

This conference volume contains the papers presented at the 4th Private International Law Conference for Young Scholars in Vienna. The contributions in German and English critically examine a wide variety of topics in respect of "deference to the foreign".

Streuschadensbekämpfung in anwendung der cy-pres-doktrin

The effective regulation of dispersed damages is still a challenge for German and European law. Karl Ole Rinck takes the upcoming implementation of the European directive on representative actions as an opportunity to conduct a comprehensive analysis of the problem.

Anspruchskonkurrenz bei grenzüberschreitendem lebenssachverhalt

According to the German Civil Code, a contracting party may demand compensation for damages on the basis of either contractual or delictual claims., while in France the delictual remedy is not possible. This work discusses which rule is applicable if the law of more than one country is to be appl...

Unternehmenskaufverträge

Despite their enormous economic importance, M and A contracts are largely neglected by legal academia. Stefan Korch analyses the law in action, laying the theoretical foundations for a better understanding of the M and A practice. He thereby also contributes to the evolving body of literature on ...

Arztvertrag und arzneimittelanwendung

Dominika Woc?aw compares the German and Polish legal systems in terms of the treatment contract. She describes the physician's duties to the patient in drug treatment as well as the prerequisites for his civil liability. In the final part of her analysis she deals with the treatment contract in E...

Das kollisionsrecht der faktischen lebensgemeinschaft

When it comes to cohabitating unmarried couples, European and German private international law reveal a distinct lack of provisions. Christopher Reibetanz’s comparative study analyses the legal uncertainty surrounding de facto relationships with a foreign aspect to develop a legislative proposal ...

Schutz von sanierungsfinanzierungen in liquidationsverfahren

New credit is important for any restructuring attempt. However, if such an attempt fails, all stakeholders stand to face considerable disadvantages. This book examines how lenders are protected against these risks in German and French law and analyses whether the protection afforded in Germany co...

Das utilitätsprinzip im system zivilrechtlicher haftung

The German law of civil liability differentiates systematically according to who benefits from a certain interaction. Felix Berner's study examines the driving force behind this differentiation - the principle of utility - and shows the implications it has for a wide range of discussions in priva...

Letzterkenntnis und letztentscheidung im materialen verfassungsstaat

Zitierpraxis von verfassungsgerichten

In her book, Laura Wittmann combines a theoretical and an analytical approach to studying the sources used by the German Federal Constitutional Court and the Supreme Court of Canada. Contextualizing their citation practices, it explores differences in decision-making and sheds light on the use of...

Rechtsprechung und vertrauensschutz

Reliability is an essential condition in order for the law to function. This has its origins in the close interaction between statutory law and judicial precedent. Michael Guttner studies if, under which prerequisites and if applicable in what way trust in existing judicial precedent is protected...

Die verfassungspräambel als spiegel des verfassungsverständnisses

Constitutional preambles reveal more than one might expect: They reflect political self-understanding, disclose constitutional aspirations, and expose differences between political regimes. Using the example of preambles, the author demonstrates how closely law, politics, and ideology can be inte...

Delegierte verfassungsentwicklung

Maximilian Schneider connects the German debate on constitutional interpretation with the American debate on originalism. By reflecting on the role of history in both the interpretation and construction of constitutional provisions, the author shows how history and constitutional change can be th...

Symbiotische gesellschaftsrechtsentwicklung

The German Federal Court of Justice plays a crucial role in the development of German corporate law. While critics stress the limits of judicial lawmaking, many praise the judiciary for its sensible and creative solutions. This book examines the problems from the legislator's perspective by devel...

Exekutiver ungehorsam und rechtsstaatliche resilienz

For over a century German courts have assumed that the executive branch voluntarily complies with court decisions issued against it. But several recent cases have questioned this premise, with the executive branch overtly defying court orders. This book examines how the rule of law can prove resi...

Die tatsächliche vermutung

What the factual presumption really is remains unclear in many cases, despite the great popularity of this form of evidence in case law. Felix Uebel examines this question based on the long dogmatic history of the doctrine of presumption and a legal comparison with the French law of evidence.

Internationale wirtschaftsstreitigkeiten

Complex international commercial disputes pose new challenges for state courts. Against the backdrop of the constantly growing competition between commercial courts - both in Europe and worldwide - this thesis examines the question of how German civil proceedings can improve with regard to the re...

Das gutachten zum ausländischen recht im prozess des 21. jahrhunderts

When required to apply foreign law, German courts can obtain expert opinions. This established practice raises a number of practical and theoretical questions, especially regarding the delimitation of the roles of judges and experts. The contributions to this volume address these and related matt...

Vertrag und delikt in der europäischen zuständigkeitsordnung

The jurisdiction of cross-border litigation within the European Union under the Brussels Ibis Regulation is examined in this study. Analysing the distinction between claims in contract and claims in tort under Article 7(1) and 7(2) of the Brussels Ibis Regulation, she evaluates liability regimes ...

Die rolle des richters im zivilprozess

Passive umpire or judicial activist? Johannes Alexander Kist compares the role of the judge in civil cases in Germany, England and the United States. In light of the great challenges civil justice is facing and the worldwide trend towards an active judge, he examines the judges' actual part in ca...

Verfahrenskoordination und gerichtsstandsvereinbarungen

To prevent torpedo actions, the Brussels Ibis Regulation links the procedural coordination primarily to exclusive jurisdiction agreements. Against this background, Lino Bernard comprehensively examines the impact of jurisdiction agreements on the coordination of parallel proceedings in European C...

Urteilsanerkennung unter gegenseitigkeitsvorbehalt

To what extent are states under an obligation to give effect to foreign adjudications? Can they make their recognition and enforcement dependent on the condition of reciprocity? Lech Kopczy?ski analyzes these issues against the backdrop of the judicial guarantees conferred upon individuals by the...

Besitz als relatives eigentum?

Felix Kiefner examines the doctrine of relativity of title in both traditions including its historical development, its shape in modern English and German law, the value judgements underlying the doctrine in different cases of possessors, and the extent of its explanatory power.

Fehlerhafte kapitalerhöhungen

Capital increases are extremely complex and error-prone processes, the failure of which has massive consequences for the corporations concerned. Ariane Antoli? comprehensively addresses the problems posed by such erroneous capital increases in relation to the law on defects under company law and ...

Us-amerikanische rechtskultur

Culture is the soil from which a legal system grows. In order to understand the US legal system and all of its substantive and procedural components, one must first understand the legal culture. This book enables one to understand essential US legal culture.

Person und korporation

Julia Weitensteiner compares the law of corporate constitutional rights in Germany and the USA and examines if traditional categories in constitutional law need rethinking.

Recht oder rhetorik?

On both sides of the Atlantic, the term dignity is frequently characterized as being a particularly European one rather than an American concept for matters of constitutional reasoning. Hartwig tracks the usage of dignity in the American constitutional discourse from the American Revolution up un...

Das recht und seine durchsetzung

Legal enforcement as a central touchstone of law only becomes apparent in its complexity through historical and theoretical comparison. While the historical perspective shows how enforcement of law adapts to the needs of time, the modern perspective highlights the diversity of today's legal chall...

Eugen huber und max rümelin

The correspondence between Eugen Huber and Max von Rümelin provides insights into the legal methodological discourse at the end of the nineteenth and beginning of the twentieth centuries. It combines private exchanges between friends with the history of codification in Germany and Switzerland fro...

Strafgesetzbücher der zwischenkriegszeit

After the epochal change of 1918/1919, a wave of codification began in the new states of Central Eastern Europe. However, the penal codes drafted during this period fell into oblivion after 1945. The contributions gathered in this volume analyse these interwar codes and reveal surprising perspect...

'memory also gives a right'

Oscar Weller looks at the life of Norman Bentwich, the first Attorney General in the British League of Nations Mandate of Palestine. Bentwich was a committed Zionist and at the same time the highest legal official in the British Mandate administration. This conflict of interests renders Bentwich ...

Die genese des schweizer bundesgesetzes über schuldbetreibung und konkurs

The SchKG, Switzerland’s federal law on debt enforcement and bankruptcy exhibits unique features compared to other legal systems. These peculiarities result significantly from the historical development of the law, which Charlotte Bergmann traces from its nineteenth century beginnings to its most...

Transactions of minors in english and german law

Carlo Brunold presents a comparative legal analysis of the contractual (in-)capacity of minors in English and German law, considering contract, property and restitution of unjust or unjustified enrichment as well as the measures both jurisdictions take to protect minors' assets from misappropriat...

The law applicable to security interests in intermediated securities under ohada law

Justin Monsenepwo analyzes conflict of laws issues related to international securities transactions in the African states of the OHADA region. He focuses on the interplay of conflict of laws rules with substantive law and the evaluation of the Hague Convention on certain rights with respect to se...

Der privatisierte krieg

States that employ private military contractors to lever advantage ultimately compromise their monopoly on the use of force, weaken democratic principles and undermine the rule of law. Sarah Katharina Stein's thorough analysis of pertinent legal norms, their underlying values and moral perception...

Betrieb und betriebsteil als zweiteiliges puzzle

Tobias Vogt examines how the establishment (Section 1 of the Works Constitution Act) and the separate department (Section 4) should be interpreted and may be reformed. To answer the second question, Vogt analyzes whether a legal transplant of the community of interest from the National Labor Rela...

Parlamentarische redefreiheit

Debating culture in European parliaments has changed; the use of insults and hate speech during plenary sittings has increased. This book deals with the legal foundations and the limits of the MP's freedom of speech by comparing the situation in the German Bundestag, the French Assemblée Nationa...

Schiedsbindung von gruppenunternehmen

Under which assumptions can third parties be bound to arbitration agreements? This book analyses this topic, which is specifically relevant for groups of companies, considering the voluntary character of commercial arbitration, laying out a system to bind non-signatories to arbitration agreements...

A 'blended system' of judicial review in germany

Different state actors can reasonably disagree about what guaranteed rights mean. Lisa Rabeneick argues that the German Federal Constitutional Court should, at times, exercise weak-form judicial review and defer in its decision-making to the legislative rights understanding, which may be equally ...

Parität und parité

With the goal of electoral gender quotas being to create gender-appropriate access to parliament, the question of their constitutional admissibility has been debated in Germany. This study looks to France for a legal comparison - and finds an astonishing contrast between the constitutional situat...

Geschlechtliche selbstbestimmung im internationalen privatrecht

How should a person's legal gender be determined in cross-border situations? Alix Schulz analyses the possibilities and limits of legal gender recognition in private international law and examines which human rights requirements must be met.

Die politischen parteien als mittler der demokratie

The contributions from the tenth meeting of the German-French public law discussion group in 2021 deal with the role of political parties as mediators of democracy from German, French and European perspectives.

Deus ex machina?

This work examines the implications of digitization for selected fundamental rights and their concretizations in sub-constitutional law - especially in data protection law as a central regulatory matter regarding digitization - as well as conversely the controllability of digitization through fun...

Vis attractiva contractus: ausstrahlungswirkung von verträgen im internationalen privat- und zivilverfahrensrecht

What is the material and personal scope of contracts in private international law and international civil procedure? Simon Horn identifies a vis attractiva contractus; that is, a spillover effect whereby contracts project themselves into the non-contractual sphere.

Driving without a driver

Driverless vehicles have attracted much public attention in recent years and have moved to the forefront of mobility research. The proceedings presented here examine regulatory approaches to the integration of autonomous vehicles into the legal system from a comparative law perspective.

Spezial-kollisionsnormen im internationalen eheschließungsrecht

Increasingly, conflict-of-law rules are intended to ensure the enforcement of specific domestic concepts of marriage in a cross-border context. Nicola Schroth analyses the dogmatics of these special norms from a comparative law perspective. She identifies them as “special conflict-of-law rules” a...

Auslandsprioritäten im patentrecht

How do patent applicants (ab)use the patent system's registration options? Based on application figures, patent applications and priority disputes, Zora Graef examines how patent applicants make strategic use of the right of priority.

Der internationale schmerzensgeldanspruch

Which law applies to the assessment of damages for pain and suffering in cross-border cases? What elements must be taken into account within the framework of the applicable law? Samuel Zeh examines these questions from a comparative law perspective and develops his own proposals for their assessm...

Selbstregulierung und konvergenz durch corporate-governance-kodizes

Annette Petow's interdisciplinary study examines corporate governance codes and their enforcement mechanisms. She investigates aspects of regulatory theory and provides an economic analysis before comparing in detail British, French, and German codes and how they converge.

Rechtsformneuschöpfungen im in- und ausländischen gesellschaftsrecht

In this volume, the authors analyze a selection of approximately 20 recent national and international creations of legal forms. The abundant individual studies provide initial answers to key questions which had been neglected up to now, starting with the conditions for the success of new forms of...

Sustainable finance in the eu

This volume provides a comprehensive overview of the complex legal situation surrounding sustainable finance in the EU. It contains extensive reports from the fourteen most important member states and is completed by a final comparative law chapter.

Das missbrauchsverbot für unternehmen mit relativer marktmacht

The German and Korean antitrust systems can be seen as representative examples of the expansion of the norm or the objects of abuse control. Hyunmin Kim's study aims to find a way to adequately capture relative market power to enable a targeted application of the applicable regulations in practice.

Aufsichtsrat - verwaltungsrat - beirat

The present volume deals with the top tiers of public limited companies in Germany, Austria and Switzerland, examining the commonalities and differences between supervisory board and administrative board, dualistic and monistic structures.

Trennbankenstrukturreformen nach der finanzkrise

The structural banking reforms initiated and partially implemented in response to the financial crisis separated "systemically important" business activities requiring special protection from other commercial activities to ensure an orderly resolution of failing banks without contagion risks for ...

Der gläubigerschutz in der präventiven restrukturierung

While preventive restructuring procedures have a long tradition in English law, German law only very recently provided a framework following the implementation of 2021’s European Restructuring Directive. Against this background, Nils Rüstmann compares the protection of creditors under English and...

Treuestimmrechte

To counteract short-termism, a growing number of jurisdictions grant long-term shareholders enhanced voting rights. Through a historical, comparative, economic and doctrinal analysis, Yannick Chatard examines the expediency of such loyalty shares and how to design them optimally.

Schutzniveau des syrischen grundstücksrechts

How cities grow when laws are not enforced: Somer Hidar uses specific cases to illustrate how legal structures are undermined by actual developments and how illegal construction in Syria poses a challenge to the legal system. In doing so, he shows what lessons can be learned from history and Germ...

Die tatbestandswirkung von verwaltungsakten und beschlüssen

The factual effect of administrative acts means that all state authorities applying the law must generally accept a legally effective administrative act and base further decisions on it as a given fact without reviewing its legality. Matthias Ziegler takes this brief definition from case law and ...

Folgenabschätzungen für verwaltungs-algorithmen

Impact assessments can help to control the increasing use of algorithmic systems by public administration. This book looks at the General Data Protection Regulation and the planned EU Artificial Intelligence Act and compares them to the European Law Institute's Model Rules and legislation from Ca...

Das gold-plating europäischer richtlinien

The implementation practice of "gold-plating" in the transposition of European directives, considered negative by Germany and France, is the focus of this study. It compares control elements established in each country to prevent this practice and critically assesses these efforts based on Europe...

Die digitalisierung der öffentlichen verwaltung

The digitization of public administration represents a fundamental change in administration and administrative culture. The contributions in this collection compare how public administration in Germany and Poland is being digitized from legal and administrative science perspectives.

Grundfragen demokratischer und rechtsstaatlicher verwaltung

In a globalized world, an international exchange is required to assess administration from a perspective of legal doctrine. In this work, the authors describe the challenges of modern administrative law with a comparison of Japan and Germany, thus contributing to a deeper insight into ubiquitous...

Motivirrtum bei schenkung und letztwilliger verfügung

While in German law only last wills are voidable for mistake, French and Austrian law provide for the voidability of donations as well. Luca Wimmer traces the origin of these provisions in Roman law and in the philosophy of Aristoteles and Thomas Aquinas before subjecting modern German law to a c...

Die lehren von der statutenkollision

Which law applies in cross-border cases is a question that medieval and early modern jurists alike have tried to answer in their theories of statuta. Kristin Boosfeld's study traces how the theories changed over time and identifies reasons for the change in the concept of law at each specific tim...

Anwaltliche berufsausübung im dienste des rechtsstaats

The independence of the legal profession is one of the great achievements of the rule of law. Maximilian Gerhold compares the constitutional protection of the legal profession in German and French constitutional law. He demonstrates the mutual impulses that national constitutional laws can give e...

Originär außervertragliche fahrlässigkeitshaftung für reine vermögensschäden

Under which normative parameters is the tortfeasor obliged to compensate for pure economic loss even outside of original contractual relationships? Paul Schulteß' comparative study provides concrete answers to this question for German, Austrian and Swiss law.

Unternehmenshaftung

Against the background of recent high-profile cases, such as the diesel emissions scandal, Carsten König examines the foundations of corporate liability in German tort law. Drawing on legal doctrine, economic analysis and comparative law, he argues for a more organisational approach to corporate ...

The characterization of provisions protecting forced heirs against lifetime dispositions

Legal systems with rules about forced heirship usually also protect forced heirs by constraining lifetime dispositions of assets. Raphael de Barros Fritz addresses the characterization of such mechanisms in conflicts of laws.

Universalität im internationalen insolvenzrecht

Can insolvency proceedings have effects abroad and encompass foreign creditors and assets? A comparison of German, English, European and US laws shows that rules and regulations concerning jurisdiction, choice of law, and recognition and enforcement contribute to the extension of insolvency law e...

Vorprozessuale prioritätssicherung

The interface of mandatory pre-action procedures such as mediation and conciliation with the European provisions for the coordination of parallel proceedings is unresolved. Julian Duventäster examines whether initiating such procedures establishes a lis pendens under the Brussels Ibis Regulation ...

Das internationale privatrecht digitaler werte

Einheitlicher rechtsschutz europäischer patente

How to turn a mosaic into a unified whole? The fragmented legal protection of European patents has long been the subject of attempted unification reforms. The Unified Patent Court Agreement has found a way for several national individual property rights to interact together, giving them the same ...

Religioses recht und religiose gerichte als herausforderung des staates: rechtspluralismus in vergleichender perspektive

Dependants' relief legislation and compulsory portion

Erwerbssicherung beim grundstuckskauf

Personengesellschaften zur ausubung freier berufe

Theorie des offentlichen rechts ii

Rechtsvergleichung als didaktische herausforderung

Offentliches haftungsrecht

Die regelung der praimplantationsdiagnostik in deutschland und in england

Recht und sozialtheorie im rechtsvergleich / law in the context of disciplines

Tradition und innovation im recht

Legislators, judges, and professors

Reactive instruments of social governance

Gerichtliche kontrolle von vergleichen im kollektiven rechtsschutz

Rechtsvergleichung im volkerrecht

Vollstreckbarkeit