Privatautonomie

Function and scope of private law making (Privatautonomie) in the legal systems of East Asia and Germany – that is the leading topic of the articles in this collection. The articles cover a wide range of aspects: from legal theory and legal history to constitutional and international law, from contract law to the personality, consumer and property law, from labour to business law. In this context, the comparison of East Asian and German legal systems proves highly instructive. On the one hand, legal problems arising from modern societies of different cultural backgrounds require similar liberties and similar limits of liberties; on the other hand, traditions of status societies or the legacy of communist social thoughts still determines the role private law making plays in society. Thus, in Germany, the scope of private law making has been more and more limited whereas, in East Asian societies, it had never gained the same significance.