englischBoth international choice of court agreements and arbitration agreements allow contracting parties to regulate in advance where and how potentially arising disputes are to be settled. The fact that both types of agreements fulfill the same function is not reflected in statutory framework. [...]
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englisch“Avoid Probate!” In accordance with this motto, the majority of U.S. decedents’ assets are today passed on death outside of the estate. This is made possible by the use of the so-called will substitutes, which this book deals with in detail. After an introduction to the main features of the [...]
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englischQuestions regarding jurisdiction and applicable law arise in German-Turkish succession cases even before the legal succession can be determined. More than one and a half million Turkish citizens living in Germany are evidence of considerable practical relevance and an increased need for [...]
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englischThe international jurisdiction for unfair competition proceedings has not yet been clarified by the ECJ. The solution is based on the basic principles of the Brussels Ia Regulation and the specific features of the offense. First, the case law of the ECJ on comparable special offenses is [...]
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englischThe thesis focuses on the difficulties of determining the applicable law in interim proceedings in cross-border arbitral proceedings. First, it examines whether arbitral tribunals have a lex arbitri. Subsequently, the various possibilities of interim measures are described and the question [...]
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englischDoubly relevant facts are a legal phenomenon that tends to be controversial, especially in European jurisdictional law, since it is regularly exposed to the accusation of leading to an unexamined jurisdiction of a court and in the end to a final judgment by a potentially incompetent court.
T [...]
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englischThe major role of the Rome II Regulation within Art. 35a of the CRA Regulation challenges investors, issuers and Credit Rating Agencies but also the courts. This book deals with the difficulties of applying the Rome II Regulation on financial market torts using the example of the liability [...]
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englischThis book explores the classification of the English trust in German private international law, with particular emphasis on the equitable interest of the cestui que trust. Although the classification of trusts in German private international law has been the subject of a great deal of case [...]
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englischPre-trial discovery is of central importance in US civil proceedings and often causes considerable costs for the party facing it. The American Rule generally requires each party to bear these costs themselves. In this study, the author analyses how a party facing unwarranted production [...]
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englischWherever long-term contractual relationships exist, there may also be a need for a transfer (assignment) of such contracts. In many legal systems, this is achieved by a uniform transfer of the complete contract (sometimes also called “assignment” of the contract). Increasingly, contracts are [...]
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