Collection: Law
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Das patentrecht im krieg
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Information des aufsichtsrats
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Kommentar zur zivilprozessordnung
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Ubernahmerechtliche kontrolle
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Ungewissheit als chance
English summary: Everyone is talking about the knowledge society. However, the attention given to the increasing significance of knowledge corresponds to the awareness of a growing uncertainty within modern society. How can the law react to this? How can it modify its forms and mechanisms, in par...
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Die entwicklung des allgemeinen freizugigkeitsrechts der unionsburger und seiner sozialen begleitrechte
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Kommunikationsformen des internetzeitalters im lichte der komunikationsfreiheiten des grundgesetzes
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Die legitimität strategischer prozessführung
Activists and non-governmental organisations are increasingly filing civil lawsuits to promote societal and political change beyond the individual case at hand. Christoph Blüm sets out to analyse and evaluate the legality of this phenomenon.
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Internationales einheitsrecht und einheitliche auslegung
English summary: For almost 150 years, states have gradually been harmonizing their law on a regional and on a global level. International approximation and unification of law facilitate cross-border trade and remove legal obstacles in the field of International Family Law. Experience however has...
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Der schulfrieden als schranke der religionsfreiheit
School peace ("Schulfrieden") is an established term in German constitutional and administrative law. In situations of religious conflicts in schools, it is cited as a protected good in order to limit civil liberties such as freedom of religion. Joshua Moir examines what the good is actually supp...
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50 jahre romische vertrage
English summary: This volume contains the main results of an interdisciplinary conference on the history of European integration, which was attended by historians and legal scholars. After analyzing the methods of these two disciplines, the authors take a look at the creation of the European Unio...
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Regieren im modernen staat
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Die gnadenquartalsregelung
The "mercy quarter" in German medical law describes the temporary continuation of a deceased physician's practice by their heirs. Lucas Reinert examines the current inconsistent legal handling for such situations, proposing a legislative draft that also regulates cases where deceased doctors were...
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Rechtskraftiger titel des zedenten und schutz des schuldners
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Entscheidungen des bundesverfassungsgerichts (bverfge)
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Gestaltungsfreiheit und gestaltungsgrenzen im polnischen vertragskonzernrecht
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Autonome systeme und deliktische haftung
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Die europaische regulierung des crowdlendings
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Die deutsche rechtsprechung auf dem gebiete des internationalen privatrechts im jahre 2014
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Das franchise-paradox
English summary: Franchise systems are hybrids between market and hierarchy. Their economic power generates from the combination of unity and plurality, hierarchy and heterarchy, market and organization. Economics and social sciences have been dealing with the hybrid character of franchise system...
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Forum shopping in international investment law
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Der offene bundesstaat
English summary: Bardo Fassbender analyzes in detail the foreign relations powers and the international legal personality of the German Lander , or individual states, which is integral to the federal system established in Germany in 1949. He also examines the international legal status of sub-nat...
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Das bail-in-instrument
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Staat und verfassung in der digitalen konstellation
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Testierfreiheit und werteordnung
In his comparative study, Andreas Humm investigates the limits placed on freedom of testation by fundamental values or morality. He analyses the underlying ideas and critically assesses the views and positions in German case law and scholarship.
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Strafrecht besonderer teil
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Die berliner kriminalpolizei in republik und nationalsozialismus
Nils Hauser analyses the institution of the Berlin criminal police, its legal foundations and practice. He shows how the judicial police turned into police justice during the Weimar Republic and in National Socialism. In doing so he also examines the persecution of Jews by the criminal police led...
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Die vorzeitige besitzeinweisung
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Schiffsunternehmen und schiffsuberlassungsvertrage
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Europaische versammlungsfreiheit
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Juristische lehre und forschung an der reichsuniversitat strassburg 1941-1944
English summary: Herwig Schafer describes the institutional prerequisites and the subjects of legal research and teaching at the Reich University of Strassburg. He begins with the founding of the university in 1941 and then focuses on the structure and the activities of the faculty of law. How we...
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Einstweilige verwaltungsfuhrung
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Popularklagen im privatrecht
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Die nichtoffentlichkeit des schiedsverfahrens
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"rechtswidriges recht"
Who decides whether legal rulings are actually lawful and with what consequences? This question, which can be called the problem of "unlawful law", divided minds within the Vienna School of Jurisprudence. This polemic (ca. 1918-1930), in its idea-historical and legal-theoretical facets, is the su...
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Der vorbehalt des gesetzes im europarecht
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Die airbus-werkserweiterung im widerstreit der interessen
Why does the planning and construction of major infrastructure projects increasingly take longer and meet with ever more resistance? Based on Airbus' plans to expand its site in Hamburg-Finkenwerder, this study analyses the typical conflicts of interest such projects come up against and the proce...
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Der ombudsmann im bank- und versicherungswesen
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Compliance und unternehmensverantwortlichkeit im kartellrecht
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Realization of substantive law through legal proceedings
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Internationale individualklager
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Das recht der ostafrikanischen gemeinschaft
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Juristische netzwerkforschung
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Die vergabe von konzessionsvertragen nach 46 abs. 2 enwg im spannungsfeld zwischen wettbewerb und kommunaler daseinsvorsorge
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Grundfreiheiten und privatrecht
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Ungewisse und diffuse diskriminierung
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Ehegattensplitting und genderperspektive
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Das recht am offentlichen raum
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Die offenkundigkeit der stellvertretung
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Haftung der gewerkschaft für arbeitskämpfe
Labour disputes cause damage. Do those parties affected have to accept this or can they demand compensation from the unions involved? What are the requirements for liability? And how are the unions protected from excessive liability to indemnify? Paula Johanna Zschoche presents a fundamental reev...
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Das glucksspielkollegium und die grundgesetzlichen grenzen von landerkooperationen
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Die deutsche rechtsprechung auf dem gebiete des internationalen privatrechts im jahre 2005
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Sponsoring und andere vertrage zur forderung uberindividueller zwecke
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Grenzuberschreitender diskriminierungsschutz - das internationale privatrecht der antidiskriminierung
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Vertragsumsteuerung wegen antizipierten vertragsbruchs im vorfeld der insolvenz
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Die grenzen zwingenden vertragsrechts
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Das unterlassen im staatshaftungsrecht
An omission by the state can only partially justify a compensation claim made by a citizen against the state. Moritz Funke takes this as an opportunity for a systematic examination of the fundamental questions and develops solutions that correspond to a modern understanding of state liability law.
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Evangelische kirchen und politik in deutschland
How did individual or institutional representatives of Protestant churches respond to topical political or social challenges? The examples from the twentieth century presented in this volume explore the framework conditions in Germany by enquiring about specific constellations.
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Jahrbuch fur erbrecht und schenkungsrecht
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Instrumentenverbund als rechtsproblem am beispiel effizienter energienutzung
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"irren ist menschlich"
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Verwahrloste immobilien als chance
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Der privatrechtliche beschluss
The author points out that the same functional requirements always apply to resolutions under private law and that these can therefore be traced back to uniform dogmatics. Based on this, he develops a system of coordinates which, as a general theory of resolutions, presents a way of navigating th...
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Das recht auf anhorung im europaischen verwaltungsverfahren
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Decentralised autonomous organisation (dao) regulation
Decentralised autonomous organisations (DAOs), operated on blockchains that strive for complete or almost full administrative autonomy, pose significant legal challenges. Covering a wide variety of topics and all fields of law, this volume's authors aim to contribute to the discussion that will s...
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Juristische geltung als verbindlichkeit
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Die grenzüberschreitende unternehmensrestrukturierung im europäischen rechtsrahmen
Directive 2019/1023 on preventive restructuring frameworks enables financially stressed enterprises to subject creditors to a common scheme to prevent hold out-strategies and preserve going concern value. This book assesses the international scope of these new restructuring frameworks and their c...
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Die bedeutung des schweigens im privatrecht
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"stosstruppfakultat breslau"
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Kirche und streikrecht
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Innerstaatliche wirkungen des vertragsverletzungsverfahrens
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Religionsfreiheit in schweden und danemark
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Die abgrenzung der wahlschuld von der elektiven konkurrenz nach dem bgb
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Der schutz von betriebs- und geschaftsgeheimnissen im zivilverfahren
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Whistleblowing als beitrag zur rechtsdurchsetzung
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Gesetzesbindung des richters und rechtsweggarantie im mehrebenensystem
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"... dass er treu und gewissenhaft ubertragen werde."
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Die einstweilige raumungsverfugung des 940a abs. 2 zpo
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Europaisches planungsrecht
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Die zukunft des zivilprozesses
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Eu and uk securitisation regulation
In-depth and practical, provides a comprehensive analysis of the regulatory framework for securitisation in the European Union and United Kingdom.
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Das haftungssystem des umwandlungsgesetzes bei carve-out-transaktionen
Melina Maren Grauschopf examines the extent to which this framework affects the suitability of spin-offs as structuring tools, explores ways to mitigate the resulting burdens, and proposes reforms aimed at balancing creditor protection with the interests of carve-out participants and the need for...
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Placebos und behandlungsvertrag
Annabelle Wolf's study is dedicated to the question of the legally compliant use of placebos from an interdisciplinary perspective in accordance with the provisions of treatment contract law pursuant to §§ 630a-h BGB.
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Nationale und transnationale modelle der sachaufklärung in der zwangsvollstreckung
Clearly establishing the debtor's assets is essential for the success of enforcement proceedings. Based on an analysis of German, French and transnational law, Karin Arnold proposes harmonised rules on the transparency of debtors' assets to improve cross-border enforcement in the European Union.
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Assistierte reproduktion mittels uterustransplantation
Die Behandlungsmethode der Uterustransplantation eröffnet unfruchtbaren Frauen neue Wege zur Mutterschaft - doch ihre rechtliche Zulässigkeit ist strittig. Dorothée Heyn untersucht die rechtlichen Herausforderungen dieser neuartigen Symbiose aus Transplantations- und Reproduktionsrecht. Sie analy...
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Potentiale in der fusionskontrolle
This volume examines to what extent expanding the scope of merger control to so-called killer acquisitions affects two paradigms of merger control: (i) that it only applies to external growth, and (ii) that it is mainly a tool for controlling market structure.
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Consumer autonomy and vertical agreements
Johannes Persch explores how EU competition law treats online sales restrictions in vertical agreements, assessing their legal and economic impact while examining whether consumer autonomy offers a meaningful framework for understanding and evaluating such practices.
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Sachbegriff und eigentumsordnung
Should German property law be adapted to the changed economic realities and in the future cover not only tangible but also intangible objects? Jan Felix Hoffmann examines this question by taking into account French, Austrian and Belgian property law. The latest discussions on crypto assets are al...
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Die ultra-vires-kontrolle als institut des unionsrechts
Riedl's analysis of the constitutional foundations in the member states and the EU treaties shows that ultra vires review is part of EU law, revealing it to be a shared European responsibility, with national constitutional courts and the European Court of Justice each playing distinct but complem...
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Staat und loyalität
Is loyalty a necessary prerequisite for the success of a free society? On the one hand, loyalty means a commitment to the values of the constitutional state. On the other hand, this very state also protects the right of individuals to reject it or question its foundations.
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Die zeitgebundenheit juristischer denkweise und argumentation
On the basis of the commentary "Stein/Jonas", Bernd Frankemölle examines how the concept of the subject matter evolved in civil procedure law since 1879. Highlighting influences of legal schools and historical contexts, he portrays a dynamic concept, also revealing societal and legal interplay.
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Sozialleistungen und menschenrechte
Yannick Vincent Schoog analyzes the protection of social benefits in the case law of the ECtHR, exploring the relationship between the greatest possible protection for citizens' social benefits, the budgetary sovereignty of states, and the consistent application of human and fundamental rights.
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Einwilligung bei datenfinanzierten diensten
The concept of service for data forms the basis of many "free" digital services and content. This exchange raises fundamental questions of data protection and contract law in the legal relationship between users and providers. Jonas Baumann analyses the interdependences between consent under data...
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