Ausländisches Recht in deutschen Zivilverfahren

In cross-border disputes, determining which law is applied is difficult and it may happen that a foreign law is applied in certain cases. Under German law, the process of both establishing and applying foreign laws falls within the remit of the courts. However, only little empirical evidence exists about the practical problems resulting therefrom. Indeed, this procedural dimension of private international law is crucial for the effectiveness of those rules. This study, which combines empirical evidence with scholarly legal expertise, takes this dimension as its point of reference. The existing legal instruments used to establish foreign law are partly deficient, and above all there is a lack of readily available information channels. Conducted under the auspices of the Institute for Socio-Legal Studies in Constance, this study identifies possible solutions to these problems based on the practical needs of the judiciary.