englisch"Banking is necessary, banks are not." This much-quoted statement by Bill Gates from 1994 can be applied not only in general to the changes in the banking industry since the 2007/2008 financial crisis, but also in particular to the upheavals caused by so-called disruptive technologies. Due [...]

englischThis dissertation deals with the question of whether and under what conditions corporations can claim the tax exemptions of Section 5 (1) KStG during their formation and subsequent liquidation. Particular attention is paid to the question of whether the opening of insolvency proceedings [...]

englischLike no other discipline, environmental ethics can be a guiding star for environmental law and a discussion partner for the best possible environmental law. For the first time, the present study makes use of this critical potential of environmental ethics and takes a look at the Federal [...]

englischAccording to German courts, only the creditor can suspend the statute of limitations of claim by filing a suit. A negative declaratory action filed by the debtor, asserting that the claim does not exist, has no influence on the statute of limitations of said claim under current German case [...]

englischThis book examines the extent to which protective measures against Third-Party Litigation Funding in Germany and England are efficient. It explains the inefficiency of German protective measures, which cover circumstances that do not need protection and that fail to protect or overregulate [...]

englischThe global digitization and increasing number of electronic payments have brought along the issues of electronic payment instrument misuse. Therefore, an appropriate mechanism for the legal regulation of allocation of liability between parties is of great significance for the modern economy. [...]

englischThe enforcement of the prohibition of cartels under EU law pursuant to Article 101 (1) TFEU is carried out on the basis of Regulation (EC) No. 1/2003 by the EU Commission and the competition authorities of the member states. In this context, leniency programs play an important role as [...]

englischThe individual prosecution of antitrust damage claims is often impossible due to high costs, lack of data, and rational disinterest. A solution is provided by the “assignment model” (“Abtretungsmodell”), in which damaged companies assign their claims to a debt collection service provider [...]

englischThe thesis sheds light on the question of liability when a defect in the work of art becomes apparent. The topic of the thesis is a special field in the purchasing law of the German Civil Code (BGB), and part of art law's own academic discourse.

The author addresses several [...]

englischDomestic intelligence in Germany is organized with one federal office and sixteen state offices for the protection of the constitution. It is inevitably that with seventeen different legislatures, intelligence law is a highly dynamic matter. The landmark ruling by the Federal Constitutional [...]

englischThe work aims to show ways in which citizen participation and transparent procedures can help procedures to pacify conflicts, avoid lengthy judicial processes, and speed them up. The author reviews whether there is a link between protests and transparent administrative procedures. In doing [...]

englischIn legal discourse, predictive policing has so far mainly been examined with regard to the possibilities and risks of predictions concerning individuals. The software forecasts of hotspot areas, which have already been used in several federal states for some time, are generally not given any [...]

englischThis legal-historical work deals with the development of emergency aid in favor of the state from 1848 to the present day, with a special focus on the Weimar Republic. The central question is whether the shooting of the separatist leader Franz Joseph Heinz in 1924 was justified by emergency [...]

englischThe housing issue is one of the central topics of our society. In order to protect existing tenants from displacement, the transfer of housing stock to common ownership is being discussed in Berlin. The basis is to enact a law according to Art. 15 GG.

The author analyzes whether and under [...]

englischIs a German court bound by an arbitral tribunal’s findings of fact and law when it examines, in set-aside or enforceability proceedings, whether recognition and enforcement of an arbitral award would violate public policy? There has been ample debate about the scope of judicial review in the [...]

englischDespite the increasing importance of online platforms, manufacturers of luxury goods prohibit their authorized dealers from selling via third-party platforms. They justify this with the protection of the luxury image. Whether and to what extent such a ban is permissible under antitrust law [...]

englischThe thesis offers, in particular, chairpersons of shareholders’ meetings and lawyers who specialize in advising German stock corporations on the preparation and conduct of annual general meetings an overview of all the main issues relating to the chairmanship of annual general meetings that [...]

englischFollowing the 2008/2009 financial crisis, the EU legislature transferred responsibility for crisis management of large, systemically important eurozone banks to a new EU authority, the Single Resolution Board (SRB). The SRB applies a new and so far hardly tested administrative procedure. The [...]

englischThe need for reform of the heritage protection law has been recognized for a long time. In order to avoid disputes, new theory of heritage conservation dispenses with the top-down model. Through the development of governance, the theory of heritage conservation can be better implemented in [...]

englischWhen children live with a foster family, it is difficult to assess whether a return to the parents of origin will be successful. Foster parents become the social parents, but because of their limited legal status, they cannot provide care that meets the needs of the foster children. [...]

englischCapital increase, acquisition of the company's own shares, issue of convertible bonds, profit participation bonds or profit participation rights in accordance with Section 221 of the German Stock Corporation Act (AktG). These topics have more in common than the regularity with which they [...]

englischThis paper discusses how to interpret the prerequisites of the claim for information under Section 33g GWB, which was created in implementation of the Antitrust Damages Directive, and how this claim for information affects compliance activities of companies that are exposed to the risk of [...]

Bei den Urteilen zur Herstellerhaftung im „Diesel-Abgasskandal“ wurde zur Begründung des Vermögensschadens häufig auf Argumentationsmuster zurückgegriffen, die aus den strafrechtsdogmatischen Fallgruppen des „individuellen Schadenseinschlags“ und des „Gefährdungsschadens“ bekannt sind. Die Arbeit [...]

englischThe concept of endangering damage has been part of the fixed repertoire of criminal law for at least 130 years. Nevertheless, it has not yet been clearly clarified where the boundary between property-relevant and irrelevant endangerment lies. In contrast to the previous fact- and [...]

englischThe work provides solutions for accelerating expert evidence that have been reviewed in discussions with German practitioners and that result from the "best practices" of international legal systems.

Expert evidence is one of the main factors for lengthy civil proceedings. Previous reform [...]