englischThis is the first monograph to address the limitation of claims for damages in lieu of performance and claims to the continued effect of a right (“Rechtsfortwirkungsanspruch”). Do these claims expire in accordance with the primary performance claim and claim to surrender (Section 985 German [...]

englischThe accelerating pace of technological development also poses new challenges for civil law. The Internet of Things and smart contracts enable remote access to smart objects. One aspect of this is the blocking of use of purchased objects, which the dissertation deals with. Can the seller [...]

englischIn recent years, the law has observed an increasing number of access conflicts in purely private law contexts. Based on the BVerfG's stadium ban decision, this study shows that the institute of the contract plays a central role in this context. By combining a multilateral perspective and [...]

englischPursuant to Section 327 (1) sentence 1 BGB, object of all contracts governed by Sections 327 et seq. BGB is the supply of digital products. The scope of such an obligation can be deduced from the provisions in Sections 327 et seq. BGB, because it is predetermined by the Directive (EU) [...]

englischThe author examines how a party in need of evidence can gain access to evidence and information that is in the hands of its opponent. In this respect, on the one hand, the claims to information, accounting and disclosure of evidence, which are already known in German law, are examined. On [...]

englischThe 2018 reform of construction contract law introduced a statutory right into the German Civil Code that entitles clients to amend contracts. The purchaser can now unilaterally adapt the construction contract to their preferences and the actual circumstances. The author analyses the content [...]

englischThe author deals with the topic of preemtion in tort law. After addressing the question of whether the conditio-sine-qua-non theory (but-for-rule) is a suitable theory to detect causation in tort law, she turns to the counterfactual theory of causation of the philosopher David Lewis and to [...]

englischThe immaterial interests of a cultural property owner are not adequately protected for lack of suitable civil law standards. In particular, the 30-year limitation period for cultural property is not an appropriate solution. Due to the statute of limitations, only a nudum ius remains in the [...]

englischDigital data have an economic value and are traded. There is still a lack of legislation to regulate this trade. Only contractual agreements and the de facto access possibilities determine who is entitled to which data rights. The author examines whether data can be the subject of an [...]

englischThe relationship between an unborn child and a pregnant woman is the subject of great social and legal controversy. The author develops which solutions the German and Swiss legal systems provide for conflicts in this relationship.

The work examines how prenatal health risks and abortion are [...]