englischToday, hardly any real estate project is marketed without having its own name. However, the legal protection of real estate designations has been discussed only sporadically within jurisprudence and legal literature. The present work fills this gap. Following the introductory illustration of [...]

englischEva Franziska Henkel examines how a reform of shareholders’ derivative actions (Section 148 AktG) could bolster the enforcement of shareholders’ liability claims against executive bodies of German stock corporations, and thereby improve overall corporate governance. The study goes beyond a [...]

englischThe sports leadership of the GDR methodically used Doping on its (mostly underage) athletes in order to demonstrate systemic superiority over "the West". Around 8,000 to 10,000 athletes are said to have been involved in the state doping program. The peak period in this respect was from 1974 [...]

englischThere is a multitude of different regulations for official information on products at European level. Against the background of the Europe-wide product safety network, this work examines the rapid alert information system RAPEX in the European administrative network.

In a detailed [...]

englischIn the mouse model, scientists have already sporadically succeeded in generating healthy offspring by means of the union of artificial germ cells, i.e. germ cells derived from induced pluripotent stem cells. In the not too distant future, such artificial germ cells could also be used by [...]

englischPursuant to Sec. 2 subsec. 3, Sec. 9 subsec. 2, 3 of the European Merger Regulation, a merger within the meaning of Sec. 1 subsec. 2, 3 of the European Merger Regulation can only be prohibited or referred, respectively, if a “substantial part of the internal market” is affected.

However, it [...]

englischThe publication applauds Rainer Bechtold, one of the outstanding antitrust lawyers of his generation in Europe, on the occasion of his 80th birthday. The lawyers of the antitrust practice group of Gleiss Lutz, of which Rainer Bechtold was a member for more than 40 years, have contributed [...]

englischThis study examines the compatibility of German statutes of limitations with the protection of claims under the ECHR. The work focuses on the question whether the requirements that the ECtHR stipulates concerning the ECHR conform with German statutes of limitations. While the German courts [...]

englischThe study first examines the exact purposes of consumer-protective withdrawal rights on the basis of their genesis. Then, the rights of withdrawal and their legal consequences are located in the systematical structure of the German Civil Code (“BGB”). In the central third chapter, the gaps [...]

englischAre board members obliged to observe methods of business administration when making business decisions? The answer to this question is of interest not only for authors in legal theory, but also for decision makers in their everyday practice. The thesis examines the current legal situation [...]

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. [...]

englischUnlike 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 [...]

englischThe 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 [...]

englischThe 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 [...]

englischThe 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 [...]

englischCurrently, 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 [...]

englischThe 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 [...]

englischThe 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 [...]

englischIn 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 [...]

englischThe 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 [...]

englischInformation duties between social partners have been rarely touched in German jurisprudence. Only the Federal Labour Court created an “obligation to inform” about short-term resignations from an employers’ association. The present study fills this gap and examines if and when information [...]

englischThe paper examines how a borrower, who – for the purpose of real estate financing – is subject to a declaration of submission to judicial enforcement, can be protected from (unauthorized) execution by a new creditor. The author demonstrates that "entry" into the substantive security [...]

englischThe author analyses the application of national employment law in sports. Specifically the legal relationship between athletes, coaches and referees on the one hand and sports associations and clubs on the other hand are considered in detail. The main focus is on employment law and its task [...]

englischThe 2014 German Renewable Energy Sources Act (EEG 2014) contains in section 83 a special provision governing interim relief for plant operators vis-à-vis network operators. Departing from the basic nature of interim relief, the EEG 2014 provides that plant operators may use an interim order [...]

Der Grundsatz der Beschränkung auf tariflich regelbare Ziele ist einer der fundamentalen Grundsätze des deutschen Streikrechts. Er besagt, dass ein Streik nur rechtmäßig ist, wenn er zum Ziel hat, einen Tarifvertrag abzuschließen. Im Jahr 2007 hat das BAG sowohl den Unterstützungsstreik, bei dem [...]