englischThe recent jurisdiction of the German Federal Constitutional Court on procedural equality of arms in preliminary injunction proceedings has attracted great attention in academia and practice. The author examines the history, content and dogmatics of procedural equality of arms and discusses [...]

englischWhat are the responsibilities of the party not bearing the burden of proof for establishing the facts of the case in civil proceedings? Many answers to this question still refer to the supposed principle that no party is obliged to provide the opponent with the material for its victory. [...]

englischThe declaration of submission is standardized in § 794 I No. 5 ZPO. According to prevailing opinion, it is a procedural declaration. This unanimous finding raises questions, because the declaration of submission is not made in a judicial proceeding before an organ of jurisdiction. In the [...]

englischIn German law, the concept of ‘equality of arms’ in civil proceedings is widely accepted. Yet, its scope of application is still vague and in need of further clarification. While the basic idea that both parties to a civil proceeding should be able to fight each other with equal means and [...]

englischTo this day, German commercial jurisdiction is characterized by the participation of expert lay judges. The work first shows in detail the historical roots and the development of the commercial judges in Italy, in France and in the German legal circles. In particular, the history of the [...]

englischThe importance of Substantiierungslast (pleading requirements) for the practice of German civil procedure law can hardly be overstated: For a lawyer, the success of the lawsuit is at stake; for a judge, the Substantiierungslast provides procedural grounds to dismiss a case without taking [...]

englischSubject of the thesis is primarily the constitutional admissibility of the binding effect pursuant to Section 613 of the German Code of Civil Procedure (ZPO), in particular with regard to the legal hearing of registered consumers. Under this aspect the applicability of the procedural [...]

englischWhen codifying the german equivalent to the frustration of purpose, it was a declared intent of the legislator to facilitate out-of-court negotiations between the parties. Instead of recognizing a substantive obligation to negotiate, the work makes use of various instruments of procedural [...]

englischBased on the prevailing doctrine on the subject matter of a dispute under the German Civil Procedural Code (CPC), the author examines whether applications for the establishment of a model case or establishment objectives pursuant to sec. 2 para. 1 KapMuG can be equated to the claim as [...]

englischThe actuality of this topic arises from the development of German law in the area of trade and business law. The number of cases before district courts has decreased and disputes in these areas of law are increasingly being resolved by courts of arbitration. Since the non-public nature and [...]