englischThe work examines damages to loan collateral. The first part analyses how damages to loan collateral can be compensated for under Sections 249 et seq. German Civil Code. Therefore, the thesis works out criteria on the basis of which the equivalence of loan collateral can be determined. [...]
more informationenglischUnlike in criminal law, the discussion of subjective elements of justification, understood as prerequisites in the person of the agent, leads a shadowy existence in civil law. If the question of whether subjective elements of justification are necessary is raised, it is usually answered in [...]
more informationenglischThe author examines the statutory privilege for group companies in the field of employee leasing (section 1, para. 3 number 2 of the German Employee Leasing Act). In principle, strict regulations apply to such leasing in Germany. However, the aforementioned provision largely exempts group [...]
more informationenglischThe applicability of employment laws for managing directors of German GmbHs (limited liability companies) is subject to a multitude of different provisions in German and European law and their corresponding jurisprudence. This dissertation examines managing directors’ protection against [...]
more informationenglischThe employment law provisions of the German Company Pensions Act also apply to pension commitments for board members, unless these individuals are to be classified as “entrepreneurs”. The resulting limitations for deviating contractual agreements are controversial.
The thesis examines the [...]
more informationenglischCurrently, approximately 10,000 British private limited companies have their administrative headquarters in Germany. Brexit will have some drastic consequences for these mostly small companies. In particular, Brexit will lead to the unlimited personal liability of the shareholders for all of [...]
more informationenglischThe purpose of this thesis is to examine whether the mitigation of damages by benefits received is permissible in the context of the German law on unjust enrichment. This issue becomes particularly relevant in regards to vertical delivery relationships in conjunction with the problem of the [...]
more informationenglischThe embezzlement and abuse of trust, which is punishable according to section 266 of the German criminal code, has experienced a steady increase in importance in recent years. At the same time, there has been growing criticism that this crime is incompatible with the principle of certainty [...]
more informationenglischIn more and more companies, alternative employee representative bodies are being set up instead of a statutory works council. These alternative employee representative bodies are referred to as “councils of trust”, “round tables” or the like and are not based on the Works Constitution Act [...]
more informationenglischThe author discusses the law governing the effect of insolvency proceedings on arbitral proceedings.
Arbitral tribunals derive their power from the agreement of the parties, and therefore need to develop an autonomous conflict of laws approach to this question, guided by the interests of the [...]
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