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Journal articles on the topic 'Commercial law - Germany'
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1
Vogl, Thomas. "French Influences on Germany’s Commercial Courts in the Nineteenth Century." Tijdschrift voor Rechtsgeschiedenis 88, no. 3-4 (December 23, 2020): 469–94. http://dx.doi.org/10.1163/15718190-00880a19.
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Summary The present contribution explores the extent of influence which French law had on the development of Germany’s commercial courts in the nineteenth century. Modern literature describes this influence as marginal, yet without further proof. The author takes this state of research as a starting point to compare the Napoleonic legislation on commercial courts with the German commercial court systems of the nineteenth century. However, the present contribution will start with an overview of the German legal situation at the end of the eighteenth century. This is followed by an examination of whether French law was transferred to Germany during the French occupation of large parts of Germany at the beginning of the nineteenth century. Against this background it is possible to fully analyse the influence which French law had on the further development of German commercial courts.
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Graf Kerssenbrock, Otto-Ferdinand. "Shareholders’ Subordination Agreements in Light of German Commercial Law, Insolvency Law and Tax Law." Intertax 38, Issue 10 (October 1, 2010): 509–26. http://dx.doi.org/10.54648/taxi2010053.
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Subordination declarations play a major role for crisis-threatened enterprises in the prevention of duty to apply for insolvency procedures. The German legal environment for Shareholder’s Subordination Agreements has recently changed drastically, since Germany has significantly changed and adapted the concept of Corporate Equity Protection – which was formally laid down in section 30 and the following of the Limited Liability Company Act (GmbHG) – for all kinds of enterprises and moved it into the legal framework of Insolvency Law (InsO). This article covers the legal situation before and after the reform of the concept of Corporate Equity Protection and gives a coherent, practical presentation of the commercial, insolvency, and tax law aspects of this still important financing instrument.
3
Love, Ben. "The International Court of justice: Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)." International Legal Materials 51, no. 3 (June 2012): 563–605. http://dx.doi.org/10.5305/intelegamate.51.3.0563.
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On February 3, 2012, the International Court of Justice (‘‘ICJ’’ or ‘‘Court’’) issued a widely-anticipated judgment in a dispute over state immunity between Italy and Germany. The Court found that Italy violated its international law obligation to respect the jurisdictional immunity of the German state by: (i) allowing individuals to bring civil claims against Germany in Italian courts for violations of international humanitarian law committed by the German Reich between 1943 and 1945; (ii) declaring Greek judgments finding similar international law violations by Germany enforceable in Italy; and (iii) taking measures of constraint against public and non-commercial property owned by Germany in Italy. The Court accordingly found that Italy must ensure that the decisions of its courts infringing upon Germany’s immunity cease to have effect.
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Markuntsov, Sergey, and Martin Paul Wassmer. "Characteristics of Crimes Against the Interests of Service in Commercial and Other Organisations in Russia and Germany." Russian Law Journal 8, no. 4 (November 24, 2020): 140–52. http://dx.doi.org/10.17589/2309-8678-2020-8-4-140-152.
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The comparative study focuses on corruption in commercial organisations, which has received considerable attention in both Russia and Germany in recent years. In both countries anti-corruption law has been harmonised by several international conventions to reflect the growing importance of world trade and increasing globalisation. The authors analyse the current criminal offences and the criminological characteristics in both countries. Whereas in Russia special criminal provisions were created under Chapter 23 (Articles 201, 202, 203, 204, 204.1 and 204.2 of the Criminal Code of the Russian Federation), in Germany the relevant corrupt conduct is covered by the traditional general criminal offence of embezzlement (§ 266 of the German Criminal Code (StGB)) and by newly created special corruption offences (§§ 299, 300 and 301 StGB). The authors show that in each of the two countries, Russia and Germany, corruption in commercial organisations is now considered a grave form of corruption, so that the international conventions are taken into account to some extent. In Germany, however, not only are the sanctions foreseen for corruption in commercial organisations considerably lower than those for corruption in the public sector, but the offences are only prosecuted on criminal complaint. In the practice of German criminal prosecution, these types of bribery offences have therefore so far had little significance. Nevertheless, a high number of undetected cases and large economic losses can be expected. Furthermore, the comparative legal study shows that there are not only considerable differences in the design of the criminal provisions as well as in the legal reality, but that there are also several common elements in Russia and Germany.
5
Goode, Roy. "Rule, Practice, And Pragmatism In Transnational Commercial Law." International and Comparative Law Quarterly 54, no. 3 (July 2005): 539–62. http://dx.doi.org/10.1093/iclq/lei017.
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I feel privileged to have been invited to deliver this yearřs FA Mann lecture in succession to a long line of distinguished lawyers who have paid their own tribute to one of the most outstanding German legal émigrés of the 1930s. Francis Mann became a legend in his lifetime for his profound scholarship and his expertise in international and commercial litigation. While still in Germany he had fallen under the spell of the legendary Martin Wolff, the great conflicts lawyer, with whom he was able to resume contact years later in England. Mann himself was to become a leading light in both private and public international law. He had strong views on everything, a few of them decidedly unorthodox. His workThe Legal Aspect of Moneybecame a classic, and he died in bed while correcting the proofs of the fifth edition. Happily, Charles Proctor has taken over the mantle of editing the sixth edition, which has now been published by Oxford University Press. Full details of the contributions to English law by Wolff, Mann and other outstanding German émigré lawyers will be found in a collection of essays in a fine new publication,Jurists Uprooted, edited by Sir Jack Beatson and Professor Reinhard Zimmerman.
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Eissing, Christin. "Distinguishing German Residential and Commercial Tenancy Law: Are Tenant and Landlord in an Equal Position?" Udayana Journal of Law and Culture 7, no. 1 (January 30, 2023): 25. http://dx.doi.org/10.24843/ujlc.2023.v07.i01.p02.
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The German housing market, particularly in major cities, is very tight. This situation makes Tenancy Law the issue that has attracted the most attention in local and federal elections. This article presents and illustrates various methods of protecting the individual parties to a lease contract. Besides, it highlights the differences between Residential Tenancy Law and Commercial Tenancy Law and explains why legislation distinguishes between these two types of tenancies. This research establishes arguments and interpretations from relevant laws and regulations, including the German Civil Code and German General Equal Treatment Act, and judicial decisions that clarified the legal relations between tenants and landlords. This article concludes that Tenancy Law in Germany distinguishes in different ways between Residential Tenancy Law and Commercial Tenancy Law from legal, social, and economic perspectives. It also infers that the provisions stipulated in German Tenancy Law protect the tenant's right while remaining attractive for landlords to offer the house(s) for rent.
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Born, Gary. "The 1933 Directives on Arbitration of the German Reich: Echoes of the Past?" Journal of International Arbitration 38, Issue 4 (July 1, 2021): 417–56. http://dx.doi.org/10.54648/joia2021022.
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In 1933, the National Socialist government of the German Reich issued a collection of directives regarding the use of arbitration to resolve disputes, focused specifically on disputes between the Reich and private parties. The 1933 Directives made a number of general criticisms of the arbitral process as a means of adjudication, and relied upon these criticisms to significantly restrict the use of arbitration to resolve disputes with German state entities. The Reich Directives provide a neglected, but instructive, historical perspective on arbitration law and practice in Germany, both in the 1930s and before. At the same time, parts of the 1933 Directives also have unmistakable parallels to current debates about investor-state and commercial arbitration. Among other things, the Directives contain recommendations regarding the drafting of arbitration agreements and the conduct of arbitral proceedings which, while in some areas out-dated, could in other respects be mistaken for current discussions regarding best practices in international commercial and investment arbitration. More importantly, the Directives’ criticisms of the arbitral process, and the National Socialists’ rationales for those criticisms, have striking analogues to aspects of contemporary debates about investment arbitration and proposals to abandon or restrict investment arbitration. Those parallels raise important, if uncomfortable, questions about these contemporary critiques and proposals for reform. investor-state, arbitration, ISDS, criticism, Achmea, directives, Germany, National Socialism, history
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Kozhevnikova, Ekaterina. "Actualization of the German Language Status in the Absence of the State Language Category in the German Legislation." Legal Linguistics, no. 27(38) (April 1, 2023): 71–76. http://dx.doi.org/10.14258/leglin(2023)2713.
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This article addresses the issue of the representation of the German language status in legislative texts of the Federal Republic of Germany in the absence of the category «state language». The research methodology is based on the E. S. Kubryakova's understanding of the nominative aspect of the speech activity, who distinguishes two ways of designating objects: both through nomination and predication. The aim of this paper is to determine main functions of linguistic expressions, which regulate the role of the German language in legislation (nomination and / or predication), and language means of their representation. Research objectives: 1) to make a selection of fragments of normative legal acts on the federal level related to language legislation; 2) to select the nominations and / or predications used to actualize the leading role of the German language; 3) to study the structure of selected nominations and / or predications. The material of this paper is presented by excerpts from the Fiscal code, Authentication law, Court constitution law, Law on the protection of brands and other marks, Law on alternative dispute resolution in consumer matters, Law on the residence, employment and integration of foreigners in Germany, Law on the supervision of insurance companies, Trading law, Disability equality act, Commercial Code. In the theoretical part of the work, definitions of the categories «state language», «official language», «nomination» and «predication» are presented. The practical part of the paper addresses the analysis of excerpts from federal legislation. In conclusion, the results of the issue are presented: the leading role of the German language in the legislation of the Federal Republic of Germany is updated through nominations and predications; nominations are represented both by separate compound words and by sequences of words syntactically related to each other; predications are represented by semantic verbs in the form Präsens Indikativ (in conditional clauses) as well as several types of modal constructions.
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Coors, Corinna. "Headwind from Europe: The New Position of the German Courts on Personality Rights after the Judgment of the European Court of Human Rights." German Law Journal 11, no. 5 (May 1, 2010): 527–37. http://dx.doi.org/10.1017/s207183220001868x.
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In Germany, as in the U.S., the relationship between protection of privacy and freedom of expression has been subject of many decisions. In the U.S. a right of privacy was famously conjured out of common law precedents by Warren and Brandeis. Over the course of a century, it developed into a right of publicity, which gave celebrities the power to prevent the commercial use of their names, endorsements, images, voices, and other attributes of personality by unauthorized third parties. In defining such a right, much attention has been focused on separating what is commercially unacceptable from what is desirable free speech under the First Amendment of the U.S. Constitution. It has also been important to settle the duration of such rights. Publicity rights as a commercial value of a person's identity are therefore well established in the U.S., although state laws vary widely as to the extent of protection. In Germany, due to the constitutional background of the personality right, the balance between public and private interests still operates differently. After the European Court of Human Rights (ECHR) in 2004 convicted the German Federal Republic of violating the Convention for the Protection of Human Rights Fundamental Freedoms, the German Federal Court (Bundesgerichtshof—BGH) took the opportunity to think over its previous position about image rights. Three judgments were examined by the German Constitutional Court (Bundesverfassungsgericht—BVerfG) and one of them was reversed.
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Cantoni, Davide, and Noam Yuchtman. "Medieval Universities, Legal Institutions, and the Commercial Revolution *." Quarterly Journal of Economics 129, no. 2 (March 12, 2014): 823–87. http://dx.doi.org/10.1093/qje/qju007.
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AbstractWe present new data documenting medieval Europe’s Commercial Revolution using information on the establishment of markets in Germany. We use these data to test whether medieval universities played a causal role in expanding economic activity, examining the foundation of Germany’s first universities after 1386 following the papal schism. We find that the trend rate of market establishment breaks upward in 1386 and this break is greatest where the distance to a university shrank most. There is no differential pre-1386 trend associated with the reduction in distance to a university, and there is no break in trend in 1386 where university proximity did not change. These results are robust to estimating a variety of specifications that address concerns about the endogeneity of university location. Universities provided training in newly rediscovered Roman and canon law; students with legal training served in positions that reduced the uncertainty of trade in the Middle Ages. We argue that training in the law, and the consequent development of legal and administrative institutions, was an important channel linking universities and greater economic activity in medieval Germany.
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Buchheim, Regine, and Kati Beiersdorf. "New Developments in Management Reporting – The Modernisation of the Annual Report." German Law Journal 6, no. 5 (May 1, 2005): 861–68. http://dx.doi.org/10.1017/s2071832200013997.
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In Germany, the management report that comments on the company's business and financial position as well as its future prospects has long ago been introduced to the Handelsgesetzbuch (HGB – German Commercial Law). Ever since the European Court of Justice [ECJ] has clarified that GmbH & Co. KGs are classified as companies with limited liabilities under the 4th and 7th Directive, annual reports have to be published by an even wider range of companies.
12
Calliess, Gralf-Peter, and Hermann B. Hoffmann. "Judicial Services for Global Commerce – Made in Germany?" German Law Journal 10, no. 2 (February 1, 2009): 115–22. http://dx.doi.org/10.1017/s2071832200000961.
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International business disputes rarely go to court, but sometimes they do. By virtue of the internationally accepted principle of party autonomy, business partners involved in cross-border transactions are entitled to select their forum of choice for any dispute which may arise from their commercial relationship. Party autonomy entails the right to opt out of the nation state's court systems. In fact, arbitration clauses often refer disputes to a non-state institution for commercial arbitration such as the International Court of Arbitration of the ICC in Paris. In a choice of court agreement, however, parties may also choose between the different forums for dispute resolution provided by the nation states. In the era of economic globalization when the demand for cross-border dispute resolution services is growing, the provision of legal services for international commerce becomes big business. As a result, national business lawyers develop a natural interest in channeling international disputes to their domestic courts. A very effective way to broaden their market share is to submit as many contracts as possible to their own national law. Once a choice of law clause, English law for example, is agreed on, a corresponding choice of court agreement comes quasi naturally, since the courts of other nations have a lack of experience in applying foreign law. Thus, when international business transactions are negotiated, the involved lawyers engage in what is appropriately described as a ‘fight for the applicable law'.
13
Kuth, Martina. "Between Book and Database: Meeting Information Needs in a Law Firm's Library." Legal Information Management 14, no. 2 (June 2014): 115–20. http://dx.doi.org/10.1017/s1472669614000292.
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AbstractFaced with a fragmentation of publishers' portfolios in Germany, the librarian Martina Kuth was interviewed about the challenges to grant a user-oriented library collection in a large commercial law firm like CMS Hasche Sigle.
14
Rahmatian, Andreas. "Money as a Legally Enforceable Debt." European Business Law Review 29, Issue 2 (April 1, 2018): 205–36. http://dx.doi.org/10.54648/eulr2018008.
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Money is usually regarded as a subject in the domain of economists, but it is really a fundamentally legal notion. In fact, it is a creation of the law. Money is a special object of property, and at the same time a form of debt, enforceable by law which ultimately confers on it the quality of money. The concept of dematerialised property assists in describing the concept of money accurately. The article discusses the different types of money, and the creation of money through central banks and through commercial banks by giving credit. It explores the possible legal foundation of this money creation process. The discussion also looks at the legal regulation of money creation in Germany and presents findings from an interview with a practising commercial lawyer in Germany which confirm the author’s thesis that money is a legally enforceable debt.
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Sauer, Christian, Rainer Heurung, and Ariane Bresgen. "Germanys Statutory Treatment of Special Payments in Transnational Cases." Intertax 42, Issue 10 (October 1, 2014): 644–52. http://dx.doi.org/10.54648/taxi2014057.
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In the field of business taxation, the German and Austrian concepts of co-entrepreneurship (Mitunternehmerschaft) take special positions. Following these concepts, partnership profits are attributed to partner shares and, accordingly, the partners are taxed independently under the transparency or pass-through principle (Transparenzprinzip) based on their respective shares and the special payments they receive from the partnership. Special payments (Sondervergütungen), for instance, interest on a loan granted to the partnership by a partner, are treated as income from commercial business according to domestic law. Therefore, section 50d, paragraph 10, of the Income Tax Act (Einkommensteuergesetz [EStG]) determines that the special payments are treated as a business profit for treaty purposes. As a result, Germany waives the right to tax the partner as a German permanent establishment (PE). In transnational arrangements, the unique German system often results in conflicts of qualification. On this account, our paper points out the consequences resulting from the treatment of special payments. Based on case studies with inbound and outbound investments, we outline the current status of the German treatment of special payments in transnational dealings and summarize future prospects.
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Han, Nguyen Mai, Mac Giang Chau, and Nguyen Bao Duy. "Perfecting the Mechanism of Successful Mediation Agreement Under the Laws of Vietnam and the Experience of Germany, USA, Australia, and Singapore." Journal of Law and Sustainable Development 11, no. 10 (October 23, 2023): e1760. http://dx.doi.org/10.55908/sdgs.v11i10.1760.
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Objective: Improve the legal provisions on the mechanism for implementing successful mediation agreements according to Vietnam Commercial Mediation law.
Method: Methods used in this article include: writing law analysis, comparative method, and data collected from documentation... to compare and analyze The successful mediation enforcement mechanism under Vietnamese law and some countries such as Germany, the United States, Australia, and Singapore.
Result: Resolved inadequacies in recognizing a “Successful mediation agreement”; Proposed to develop regulations on the mechanism of implementing a successful mediation agreement within the scope of the law on commercial mediation, the law on handling administrative violations, and the law on enforcement of civil judgments.
Conclusion: This study contributes to orienting, perfecting, and resolving shortcomings related to the key role of the commercial mediator, improving security principles, and simplifying processes to recognize a “Successful settlement agreement”. This important legal foundation helps the Commercial Mediation method operate effectively.
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Ahmed, Raees, Theresa Möller, and Matthias Siegert. "Agreements for the financial or material support of a non-commercial clinical trial in Germany." International Journal of Drug Regulatory Affairs 10, no. 3 (September 18, 2022): 25–31. http://dx.doi.org/10.22270/ijdra.v10i3.550.
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The following article outlines the essential clauses within agreements about the funding of German Universities or German clinical trial sites in order for them to conduct a non-commercial clinical trial on their own, a so-called Investigator-Initiated-Trials or Investigator-Sponsored-Trials. The authors explain the basic legal principles and clauses for such an agreement and clarify certain German Law specialities, which any funder should be aware of, if they were to fund an Investigator-Initiated-Trial in Germany. It becomes clear, that it is very important for the funding pharmaceutical company or foundation, not to be confused with the regulatory sponsor of the given clinical trial. Unclear wording in the funding agreement could lead to the actual transfer of a sponsor’s responsibilities from the University or clinical trial site to the funding pharmaceutical company or foundation, with all legal and monetary risks. In order to avoid unwanted penalties and costs, it is imperative for the funding entity to draft the essential clauses carefully. This article aims to help with that.
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Rittmeister, Maximilian. "The Management Board's permission to disclose Due Diligence Information Before a Corporate Acquisition in consideration of the Impact of the Act to Improve the Protection of Investors (Gesetz zur Verbesserung des Anlegerschutzes)." German Law Journal 6, no. 2 (February 1, 2005): 549–61. http://dx.doi.org/10.1017/s2071832200013791.
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Prior to an acquisition of a stock corporation the purchasers often perform a due diligence at the target company. The due diligence is the examination of the company and can cover the legal, commercial, environmental, financial and fiscal matters of the company. Under US law it is the purchaser's duty to examine a company accurately since the risk of any deficiencies is on him. German law, in contrast, does not require the purchaser to examine the company he purchases. According to § 442 (1) sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) the buyer does not have rights with respect to a defect, if he is unaware of this defect as a result of gross negligence on his part. While for some years now, the performance of due diligence prior to purchasing a company has become quite customary in Germany, German law does not yet require the person wanting to purchase a company to perform a due diligence.
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Stooss, Tanja, and Dorothee Ruckteschler. "International Commercial Courts: A Superior Alternative to Arbitration?" Journal of International Arbitration 36, Issue 4 (July 1, 2019): 431–49. http://dx.doi.org/10.54648/joia2019022.
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International commercial arbitration has long been the hallmark of international dispute resolution. However, with the increasing establishment of specialized English-speaking courts dealing solely with commercial disputes (‘International Commercial Courts’) the popularity of arbitration is being called into question. The phenomenon of International Commercial Courts is not completely new, but their number has significantly increased in recent times. In 2018 alone, China, the Netherlands, France, and Germany have, among others, announced the opening of specialized English-speaking courts and others are preparing to shortly follow their example. Whilst the arbitral process is often criticized for its costs, procedural delays, or lack of power against third parties, the question remains whether International Commercial Courts will be able to deal with these issues any better. This article first examines the history and the features of International Commercial Courts, with a special focus on those recently established in Europe, before evaluating whether they are – or might be in future – better suited to service the needs of international commerce.
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Kugler, Kholofelo. "Russia – Anti-Dumping Duties on Light Commercial Vehicles from Germany (Russia–Commercial Vehicles) (DS479)." World Trade Review 17, no. 4 (October 2018): 696–700. http://dx.doi.org/10.1017/s1474745618000319.
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The dispute relates to anti-dumping duties imposed by Russia on certain light commercial vehicles (LCVs) from Germany and Italy. These anti-dumping duties were applied pursuant to Decision No. 113 of 14 May 2013 of the Board of the Eurasian Economic Commission (EEC), including the relevant annexes, notices, and reports of the Department for Internal Market Defence of the EEC (DIMD).
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HANNAH, LESLIE, and MAKOTO KASUYA. "Twentieth-Century Enterprise Forms: Japan in Comparative Perspective." Enterprise & Society 17, no. 1 (September 15, 2015): 80–115. http://dx.doi.org/10.1017/eso.2015.51.
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La Porta et al. see common law as most favorable to corporate development and economic growth, but Japanese legislators explicitly based their system on German civil law. However, Japan’s commercial code of 1899 omitted the GmbH (private company) form, which Guinnane et al. see as the jewel in the crown of Germany’s organizational menu. Neither apparent “mistake” retarded Japan’s adoption of the corporate form, because its commercial code offered flexible governance and liability options, implemented liberally. It was this liberal flexibility, not choice of legal family or hybrid corporate forms emphasized by previous writers, that drove corporatization forward in Japan and more widely. Surprisingly (given that Germany’s superficially fuller organizational menu predated Japan’s by many decades and the country was wealthier), by the 1930s Japan already had not only more corporations than Germany, but also morecommanditepartnerships (with some corporate characteristics). After the introduction of theyugen kaisha(private company) in 1940, corporate forms became nearly as widely used in Japan as in the United States, United Kingdom, or Switzerland.
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Dyppel, Katja Joo, and Jakob Bundgaard. "Profit-Participating Loans in International Tax Law." Intertax 38, Issue 12 (December 1, 2010): 643–62. http://dx.doi.org/10.54648/taxi2010069.
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The article analyses the tax classification and tax treatment of profit participating loans (PPL) in international tax law. In order to analyse the tax aspects of PPL, the commercial and economic background is provided. Following this, a comparative overview of the tax law classification in the United States and Germany and an in-depth analysis of the tax classification and treatment in Danish law are provided. Next, the article analyses whether payments under PPL fall under the scope of the EU corporate tax directives and also considers the income tax treaty protection of payments under PPL.
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Brandau, Michael, Christoph Endenich, Robert Luther, and Rouven Trapp. "Separation – integration – and now …? A historical perspective on the relationship between German management accounting and financial accounting." Accounting History 22, no. 1 (October 14, 2016): 67–91. http://dx.doi.org/10.1177/1032373216658035.
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German accounting has traditionally followed a dual ledger approach with strictly separated internal cost accounting, as the basis for management information, and external financial accounting focusing on creditor protection and based on the commercial law. However, the increased adoption of integrated accounting systems implies a significant change in the relationship between financial and management accounting systems. We use Hegelian dialectic to trace the historical development of German accounting from separated systems and antithetical propositions of full integration, to the emergence of partial integration as the synthesis of this transformation process. The foundation of our paper is a comprehensive analysis of the literature on the relationship between financial and management accounting in Germany. On this basis, we elaborate how financial accounting in Germany has been shaped by its economic context and legislation, and how financial accounting – accompanied by institutional pressures – in turn influenced management accounting. We argue that the changing relationship between management and financial accounting in the German context illustrates how current accounting practice is shaped not only by its environment, but also by its historical path. Based on this reasoning, we discuss several avenues for future research.
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ZHANG, Qiufang. "A study on criminal regulation of infringing trade secrets." Do Business and Trade Facilitation Journal 1, no. 2 (December 31, 2021): 32–48. http://dx.doi.org/10.6914/dbtf.010203.
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With the development of the times, there have been more and more violations of trade secrets, which are characterized by internationalization and huge losses. Due to the relatively weak protection of trade secrets in criminal law, there are still many problems in legal practice, so that the interests of the parties are difficult to be effectively protected. On analyzing the current situation of the protection of commercial secret criminal law in China and comparing with the crimes of commercial secrets in the United States and Germany, this article puts forward some suggestions on perfecting the criminal law of infringing trade secrets, such as supplementing the crime of violating trade secrets, specific explanation for "heavy losses" and perfecting the allocation of "crime and punishment".
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Tigelaar, Leonieke. "How to Sanction a Breach of Information Duties of the Consumer Rights Directive?" European Review of Private Law 27, Issue 1 (January 1, 2019): 27–57. http://dx.doi.org/10.54648/erpl2019003.
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Traders must provide information to consumers according to the Consumer, Rights Directive in case they conclude a distance contract, an off-premises contract, or a contract in another manner. It is the task of the Member States to sanction breaches of those information duties. This article classifies the information duties on basis of their objective, namely supporting decision-making, enabling storing information, and facilitating the exercise of rights. Subsequently, it addresses the question of how German, English, and Dutch law provide for sanctions in case traders breach those information duties. This article shows that the way breaches are being sanctioned in Germany, England, and the Netherlands, inter alia depends on choices that have been made regarding the legal consequences of unfair commercial practices and the enforcement of consumer law. It further shows that the actual use of sanctions depends on the question: ‘who can apply a sanction and what does this actor has to prove?’
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Gebauer, Jochen, Ulrich Wollenteit, and Michéle John. "A Strong Case for Transparency: Public Interest in Disclosure of Risk Data P revails over Business Secrets." Journal for European Environmental & Planning Law 3, no. 1 (2006): 13–21. http://dx.doi.org/10.1163/187601006x00038.
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AbstractIn a dispute between Greenpeace Germany and Monsanto Europe concerning the confidentiality of its controversial rat feeding study the Higher Administrative Court of the federal State North Rhine-Westphalia (OVG Münster) refused to grant Monsanto an injunction to stop the German authorities from releasing the requested data to Greenpeace.' The decision has acknowledged the public's right to know and strengthened the principles of transparency and participation. On the grounds of a modern approach to risk policy and to genetically modified organisms (GMO), which the Court held to be enshrined in Article 25(4) of Directive 2001/18/EC, the Court has attributed the right to information priority over conflicting commercial interests. As far as risk data is concerned the Court stressed that European Law requires a maximum degree of transparency as an indispensable condition for the introduction of GM plants within Community territory. Furthermore, the decision recognised that in the field of genetic engineering law the right of companies to invoke operating or business secrets to justify exceptions to the right of access is narrowly circumscribed. Risk data, in general, will only be protected as 'confidential' on an exceptional basis. The party submitting the risk data has to prove that there is an imminent risk of specific and relevant harm to its commercial interests.
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Vogel, Ivo, and Elisabeth Schrecklinger. "Retrospective Digitisation of Legal Sources in Germany." Legal Information Management 14, no. 2 (June 2014): 105–9. http://dx.doi.org/10.1017/s1472669614000279.
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AbstractThis article, written by Ivo Vogel and Elisabeth Schrecklinger, deals with the efforts of German libraries to digitise historical legal sources and make them publicly available. Although the main focus is on two selected libraries, a general overview is included. Commercial products are not considered since their contents are likely to become increasingly less relevant due to German law libraries' own initiatives. More attention is paid to problems that have been identified during the implementation of digitisation projects such as the recording of full texts is highlighted. The retrieval of digitised legal materials and, eventually, the digitisation of historical legal gazettes or parliamentary literature is also discussed. This contribution focuses exclusively on the retrospective digitisation of historical legal materials.
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Terwindt, Carolijn, Sheldon Leader, Anil Yilmaz-Vastardis, and Jane Wright. "Supply Chain Liability: Pushing the Boundaries of the Common Law?" Journal of European Tort Law 8, no. 3 (January 10, 2018): 261–96. http://dx.doi.org/10.1515/jetl-2017-0011.
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AbstractOn 29 August 2016, in a claim by Pakistani survivors and legal heirs against German retailer KiK for injuries and deaths during a fire at a factory supplying jeans in Karachi, German judges accepted jurisdiction and granted legal aid to the Pakistani claimants to cover the legal fees. The case pending before the German court thus poses the question of supply chain liability. Taking the lawsuit by the Pakistani plaintiffs against KiK in Germany as a case study, this article provides an analysis of the available legal grounds for such liability. Economic changes have ushered in linkages between purchasers and suppliers that call for strong principles of liability – principles that are already embedded in the law but which need fresh articulation and application. English courts have only recently recognised that under certain circumstances, liability might attach to a parent company under the tort of negligence for damage to third parties ostensibly caused by its subsidiary. The KiK case is testing the extension of such liability to certain supply chain relationships. Beyond that, the case is also testing the application of the rules on non-delegable duties and vicarious liability in the supply chain context. Even if the court disagrees with the claimants’ position, the novel arguments advanced in this case are likely to be the starting point for an important debate about the proper fit between traditional tort law and the fast changing commercial and employment relationships of the 21st century.
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Chung, Gordon. "A Comparative Analysis of the Frustration Rule: Possibility of Reconciliation Between Hong Kong-English Hands-off Approach and German Interventionist Mechanism." European Review of Private Law 25, Issue 1 (April 1, 2017): 109–42. http://dx.doi.org/10.54648/erpl2017006.
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Abstract: This article is a comparative analysis on the general frustration rule with reference to the two most interesting legal systems – Germany and Hong Kong. In Germany, the broad notion of Störung der Geschäftsgrundlage originated from its unique socio-economic background during the World Wars. Since its statutory codification on 1 January 2002, the doctrine has been praised as the most flexible and extensive solution to the problem of changed circumstances. Particularly, § 313 BGB welcomes judicial involvement in revising contractual terms. At least in a theoretical sense, the German model can be properly regarded as a highly ‘interventionist mechanism’. In Hong Kong, the pendulum has swung back too far to the other extreme. As the Hong Kong law on frustration was transplanted from the restrictive English model, the former largely operates within the narrow confines of supervening impossibility and essentially minimizes the role of judges who are given no power to fine-tune contractual obligations. In the light of this inflexible approach, the chances of succeeding in having a contract frustrated are very slim. However, against this discouraging trend, contracting parties have developed their own self-help strategies by incorporation of an appropriately drafted force majeure clause, a practice that tends to be the norm in most commercial dealings nowadays. This reflects a ‘hands-off approach’ of Hong Kong courts. The analysis here discloses that these two apparently dichotomous approaches, while representing two polar extremes in dealing with the problem of changed circumstances, actually yield the same result – a proper allocation of contractual risk. The author of this article will argue that, despite the apparent merits of the German model, the ‘hands-off approach’ suits the practical needs of Hong Kong and should be retained, particularly in view of the widespread use of force majeure clauses and the leniency shown by the courts in interpreting such clauses.
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Assaf-Zakharov, Katya, and Lisa Herzog. "Work, Identity, and the Regulation of Markets: A Study of Trademark Law in the United States and Germany." Law & Social Inquiry 44, no. 04 (June 3, 2019): 1083–112. http://dx.doi.org/10.1017/lsi.2019.8.
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This article considers how legal systems capture different cultural perceptions of work in an individual’s life. We inquire how two models—“human capital,” based on the works of Adam Smith; and “vocation,” based on the works of G. W. F. Hegel—are reflected in legal regulations and judicial rhetoric in the United States and Germany. Specifically, we examine how these two legal systems treat the practice of using personal names—the most direct referents to individuals’ identities—in business. We discuss three sets of cases: cases involving the use of personal names as trademarks, cases involving conflicts between parties with similar names, and cases involving the transfer of rights in personal names. The article demonstrates that the US legal system treats work as a commercial asset, as “human capital” in Smith’s sense, whereas German law perceives work as an integral part of one’s identity, echoing the Hegelian line of “vocation.”
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Назаренко, Наталья, and Natal'ya Nazarenko. "THE INFLUENCE OF THE CITY GERMAN LAW ON REGULATION OF TRADE RELATIONS IN VELIKIY NOVGOROD IN THE XII—XVII CENTURIES." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 52–57. http://dx.doi.org/10.12737/article_598063fa9740b6.23500509.
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The article examines the nature of the influence of Germany’s urban law on Novgorod’s schras and the development of trade relations between Velikiy Novgorod and the Hanseatic League. The history of the formation of the municipal law of Germany and its variants — the system of law of the cities of Magdeburg and Lübeck — is covered. The foundation of the law of Lübeck, Magdeburg and other cities was the norms on the basis of which relations were built with the emperor or the episcopal administration, therefore the city’s charters of Germany have a number of coincidences. Some legal provisions borrowed from the city charters, as well as the rights of Lübeck and Magdeburg, will subsequently be included in the texts of Novgorod’s trade agreements and Novgorod hiding after the organization of trade representations (courtyards, factories) of the Hansa. Novgorod’s schras — multidimensional collections containing provisions on the organization of the court, the rules of trade, as well as the rules of criminal law and process. The texts of the laws have come down to our time in seven editions. The basis for all subsequent versions of the collections was the text of the secret of the second half of the XII century. Organized nature, benefits, rights and economic interests allowed German merchants to gain advantages in trade and to exist in Novgorod as a corporation for several centuries. Structural changes in the trade relations of Novgorod and the cities of the Hanseatic League led to important changes in law, especially civil and commercial, most related to the economy. Economic interaction initiated the process of legal integration between Russia and the West, stimulated the rapprochement and mutual influence of Russian and European legal institutions, gave rise to new forms of law that are acceptable for today.
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Askari, Farideh. "A comparative look at the validity of contracts in German and Iranian law." International Journal of Advanced Research in Humanities and Law 1, no. 2 (June 4, 2024): 116–24. http://dx.doi.org/10.63053/ijrel.19.
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A contract is a binding agreement that specifies the rights and obligations of the parties. Nowadays, due to the expansion of the volume of commercial exchanges, contracts have gained special importance in such a way that neglecting them causes economic, political and social chaos in the society. Therefore, the legislator supported the agreements between the parties and placed the principle on the authenticity of the contracts. Considering the importance of the subject, this article has discussed the validity of contracts in the legal systems of Iran and Germany by using the descriptive-analytical method in a comparative manner. First, the validity of contracts was discussed in German law and then in Iranian law. As a result, it was found that the conditions of validity of contracts and the validity of these legal acts in the studied legal systems are very similar to each other. In fact, in both legal systems, the capacity of the parties, their will and legality for the transaction are the conditions for the authenticity and validity of the contracts.
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Mamojka, Mojmír, and Jacek Dworzecki. "Development of Commercial Law in the Slovak Republic - Outline of problems." Internal Security 8, no. 1 (January 30, 2016): 81–90. http://dx.doi.org/10.5604/20805268.1231517.
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The article concerns the issue of trade law in the context of its evolution and the current realities of its being in force in Republic of Slovakia. In the paper the authors present an historical view of the creation of legal regulations about trade from ancient times to present days. In the first part of the paper the political system and its components are discussed. The reader will be able to acquaint themselves with the functioning of the apparatus of executive power (the government and ministries), legislative power (the parliament consisting of 150 members) and judiciary (independent courts and prosecutors) in the Republic of Slovakia. Moreover, this part of the article provides information about practical aspects of the creation of selected components of the constitutional legal order (e.g. parliamentary elections). In the second part, the paper covers the evolution of trade law over the centuries, approaches to regulations in Mesopotamia, based on, inter alia, the Code of Hammurabi, and also in ancient Egypt and Greece. Tracing the development of trade law over the centuries, the authors also present the evolution of legal regulations in this field in the XIX century, with particular reference to France, Germany and Austria-Hungary (especially the territory which today forms the Czech Republic and the Slovak Republic). In the last part of the article, the forming of regulations of trade law in Czechoslovakia from 1918 and during subsequent periods which created the history of that country, to the overthrow communism and the peaceful division of the state in 1993 into two separate, independent state organisms – the Czech Republic and Slovakia - is approached.
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Macey, Jonathan R., and Geoffrey P. Miller. "Corporate Governance and Commercial Banking: A Comparative Examination of Germany, Japan, and the United States." Stanford Law Review 48, no. 1 (November 1995): 73. http://dx.doi.org/10.2307/1229150.
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Zhang, Chenguo. "The right of publicity in Chinese Law? A comment on the Michael Jeffrey Jordan case and comparative analysis with the US, UK, Germany, and the Asia Pacific." Queen Mary Journal of Intellectual Property 10, no. 4 (December 25, 2020): 441–60. http://dx.doi.org/10.4337/qmjip.2020.04.02.
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In Michael Jeffery Jordan v Chinese Trademark Review and Adjudication Board, the Supreme People's Court (SPC) set a precedent for foreign companies and celebrities enforcing their rights of publicity against malicious trademark registration in China. This article introduces the legal grounds of the SPC's deliberations on Jordan's claims and responds to the critiques of most Chinese commentators in the field of civil law. Deeply influenced by German law, mainland China's legal system strictly distinguishes between personality rights and property rights. Comparative analysis with the US, Germany, Japan, and Hong Kong indicates that different legal civilizations have developed different approaches to position the right of publicity logically in their legal systems. The Jordan decision indicates that the ‘right of the name’ is a prior right provided in Article 32 of the Trademark Law of the PRC. This article contends that the ‘right of the name’ as provided in the Chinese Anti-Unfair Competition Law differs from the ‘right of the name’ articulated in Article 110 of the General Principles of Civil Law (2017). The former concerns the commercial interest and property aspects of a celebrity's name, which is fairly similar to the right of publicity, while the latter regards the personality right. The further development of the right of publicity protection relies in mainland China on a consistent judicial practice.
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Oh, Soo-Hyun, Jakob Sättler, and Nils Wighardt. "12th Annual Willem C. Vis International Commercial Arbitration Moot – Overview and Personal Reflection by Law Students of Johann Wolfgang Goethe University." German Law Journal 6, no. 7 (July 1, 2005): 1121–27. http://dx.doi.org/10.1017/s2071832200014176.
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The following essay has been written by team members of Johann Wolfgang Goethe University (Frankfurt/ Main, Germany) who participated in the 12th Vis Moot. Its purpose is to raise interest in the moot by means of combining a general descriptive overview with personal experiences.
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Kyung Kim, Min. "Damages for Breach of an Arbitration Agreement: A Korean Law Perspective." Asian International Arbitration Journal 18, Issue 1 (May 1, 2022): 1–20. http://dx.doi.org/10.54648/aiaj2022001.
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With the continued growth of international and cross border trade, there has also been an exponential growth in the use of international arbitration as a dispute resolution mechanism. However, there are unfortunately still many instances in which a party breaches an arbitration agreement and brings a claim in another forum and jurisdiction causing a significant time and cost burden to the other party. One of the possible deterrents of such behaviour is the ability in some jurisdictions to bring a damages claim against the party that breaches the arbitration agreement. Civil and common law jurisdictions have sometimes had different approaches to whether such a claim was possible. Korean law has very limited jurisprudence in relation to this issue despite Korean companies being one of the leading users of international arbitration and Korean law frequently applied in arbitrations. This article assesses how Korean law should deal with a damages claim for breach of an arbitration agreement by examining other civil and common law jurisdictions, namely Germany and England, as well as Korean law on damages. The article concludes that a claim for damages for a breach of an arbitration agreement is possible and the traditional Korean view that arbitration agreements are of purely procedural in nature and have no substantive rights and obligations arise from them does not fit with the realities of international commercial transactions and the parties’ intentions. international commercial arbitration, breach of arbitration agreement, damages claim, Korean law, civil law jurisdiction
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Markova, Elena. "Regulation of liability for offences committed with the use of electronic funds of payment in the legislation of the countries of Romano-Germanic of legal system." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 3 (October 2, 2020): 98–105. http://dx.doi.org/10.35750/2071-8284-2020-3-98-105.
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The article is devoted to the study of the regulation of criminal liability for crimes committed using electronic means of payment related to cybercrime in the legislation of certain foreign countries of the Romano-Germanic legal family. The article notes that the Romano-German legal system is significantly distinguished from other families not only by the fact that it possesses, due to historical traditions, many characteristics of the law of ancient Roman jurisprudence, but also by the legal peculiarities of criminal legislation on cybercrime. The relevance of cybercrime, its differentiation based on the Convention on Crime in the Field of Computer Information (ETS No. 185) and the peculiarities of the criminal regulation of crimes committed using electronic means of payment in Sweden, France, Germany, Spain, Netherlands, China and the Baltic States are noted. It is pointed out that the issues of combating such crimes are of particular importance in all countries of the Romano-Germanic legal family. Despite differences in the position of legislators with regard to the criminalization of acts committed by electronic means of payment, in all countries attacks on property are considered as attacks on the foundations of the State, and protection against such attacks is one of the most important State functions. It is noted that the criminal codes of most States include rules on computer fraud, computer theft; Obtaining information constituting commercial and banking secrecy through improper access to computer information (commercial, banking espionage); Extortion using computer equipment. It is stated that the first step towards criminal law protection of computer information, development of criminal legislation to counter economic cybercrime was taken in Sweden in the Law on Computer Crimes (1973).
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Kotov, Alexander. "DEVELOPMENT OF LNG INFRASTRUCTURE IN GERMANY: RACE AGAINST TIME." Scientific and Analytical Herald of IE RAS 27, no. 3 (June 30, 2022): 83–94. http://dx.doi.org/10.15211/vestnikieran320228394.
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The article considers the current problem to build terminals for the import of liquefied natural gas (LNG). The paper demonstrates that projects considered in recent years have been hampered due to lack of investment and lack of demand. Due to the aggravation of the conflict in Ukraine and the desire to reduce energy dependence on natural gas supplies from Russia, these projects is necessary for Germany’s economy. We examine the criticism of the projects by environmental public organizations. The article analyzes the unprecedented speed of investment decisions in the energy infrastructure, the newly created framework conditions by the Law on accelerating the construction of LNG terminals. The article discusses that the German federal government assigns them a key role in ensuring the security of gas supplies. On the example of key locations: Brunsbüttel, Wilhelmshaven and Stade, we examine various options potential investors. We hypothesise that in the future, these projects open up Germany the possibility of global natural gas supplies without the use of pipelines and, thus, interaction with new market players. Simultaneously, although LNG volumes from terminals in neighboring European countries are also available to the German natural gas market. This paper proved that in detail the importance for ensuring the reliability of gas supply of planned domestic investments that do not depend solely on commercial benefits. Significant positive impact of gas infrastructure is only found in the context of hydrogen energy in the country.
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Anthimos, Apostolos. "DIGITALIZATION OF CIVIL JUSTICE IN THE EUROPEAN UNION." Alatoo Academic Studies 23, no. 1 (January 30, 2023): 470–79. http://dx.doi.org/10.17015/aas.2023.231.44.
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The paper presents briefly the efforts of the European Union to digitalize the field of judicial cooperation in civil and commercial cases. Following a short introduction, it refers to the new era of digital transition, which was kickstarted by the 2020 Communication of the Commission. Data from the EU Justice Scoreboard and updates in the legislative field are shedding light to the steps taken. The e-codex system and aspects of digitalization in specific EU Regulations in the field of civil and commercial proceedings are scrutinized, with the aim to give insight to the forthcoming developments in the EU. This paper was presented at the International Legal Workshop “Strengthening the Rule of Law through E-justice” (October 29-30, 2021, Bishkek, Kyrgyzstan) and published with support of Volkswagen Foundation (Germany).
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Konyukhova, A. A. "Settlement of Tax Disputes in the Russian Federation and Germany." MGIMO Review of International Relations, no. 2(41) (April 28, 2015): 269–75. http://dx.doi.org/10.24833/2071-8160-2015-2-41-269-275.
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This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations) of finance courts (Finanzgerichtordnung). In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.
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CISG Advisory Council. "CISG Advisory Council Opinion No. 22." Nordic Journal of Commercial Law, no. 1 (November 6, 2022): 63. http://dx.doi.org/10.54337/ojs.njcl.1.7521.
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The CISG-AC started as a private initiative supported by the Institute of International Commercial Law at Pace University School of Law and the Centre for Commercial Law Studies, Queen Mary, University of London. The International Sales Convention Advisory Council (CISG-AC) is in place to support understanding of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the promotion and assistance in the uniform interpretation of the CISG. At its formative meeting in Paris in June 2001, prof. Peter Schlechtriem of Freiburg University, Germany, was elected chair of the CISG-AC for a three-year term. Dr. Loukas a. Mistelis of the Centre for Commercial Law Studies, Queen Mary, University of London, was elected secretary. The founding members of the CISG-AC were prof. Emeritus Eric E. Bergsten, Pace University School of Law, prof. Michael Joachim Bonell, University of Rome la Sapienza, prof. E. Allan Farnsworth, Columbia University School of Law, prof. Alejandro M. Garro, Columbia University School of Law, prof. Sir Roy M. Goode, Oxford, prof. Sergei n. Lebedev, Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation, prof. Jan Ramberg, University of Stockholm, Faculty of Law, prof. Peter Schlechtriem, Freiburg University, prof. Hiroo Sono, Faculty of Law, Hokkaido University, prof. Claude Witz, Universität des Saarlandes and Strasbourg University. Members of the council are elected by the council. At subsequent meetings, the CISG-AC elected as additional members prof. Pilar Perales Viscasillas, Universidad Carlos III, Madrid; prof. Ingeborg Schwenzer, University of Basel; prof. John Y. Gotanda, Villanova University; Prof. Michael G. Bridge, London School of Economics; prof. Han Shiyuan, Tsinghua University and Prof. Yeşim Atamer, Istanbul Bilgi University, Turkey, prof. Ulrich G. Schroeter, University of Mannheim, Germany, prof. Lauro Gama, Pontifical Catholic University, Justice Johnny Herre, Justice of the Supreme Court of Sweden, prof. Harry M. Flechtner, University of Pittsburgh, prof. Sieg Eiselen, Department of Private Law of the University of South Africa, and prof. Edgardo Muñoz López, Universidad Panamericana, Guadalajara, México. Prof. Jan Ramberg served for a three-year term as the second chair of the CISG-AC. At its 11th meeting in Wuhan, People's Republic of China, prof. Eric E. Bergsten of Pace University School of Law was elected chair of the CISG-AC and prof. Sieg Eiselen of the Department of Private Law of the University of South Africa was elected secretary. At its 14th meeting in Belgrade, Serbia, prof. Ingeborg Schwenzer of the University of Basel was elected chair and at its 24th meeting in Antigua, Guatemala, prof. Michael G. Bridge of the London School of Economics was elected chair of the CISG-AC. At its 26th meeting in Asunción, Paraguay, ass. Prof. Milena Djordjević, University of Belgrade, Serbia, was elected secretary, and she was reelected short after the 30th meeting in Rio de Janeiro. Prof. Pilar Perales Viscasillas of the University Carlos III of Madrid was elected chair of the CISG-AC after the 30th meeting in Rio de Janeiro.
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Fonotova, O. V. "Legal Foundation of Contractual Relations Regulation in Cross-Border Supply Chains." Lex Russica 75, no. 9 (September 22, 2022): 33–45. http://dx.doi.org/10.17803/1729-5920.2022.190.9.033-045.
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Global value chains (supply chains) have attracted close attention of representatives of the scientific, business and political circles. Foreign scholars and researchers have convincingly proved that the global value chain is an independent object for study in international commercial law.In recent years, the leading European legal systems have strengthened the protection of the most vulnerable participants in cross-border relations: workers, other individuals affected by the negative impact of global supply flows. In France, the UK, the Netherlands, Germany, Switzerland, as well as at the supranational level in the EU, legislation regulating supply chains is developing. By assigning responsibility to large corporations for cross border violations committed in chains coordinated by them, foreign law is focused on solving socially significant tasks.From a legal point of view, the supply chain is a complex, multi-level system of contracts subordinated to a uniform economic goal. The dominant legal regulation of private relations within supply chains has a non-state origin and is formed by private entities, mainly large multinational corporations. To explain the legal effect of such global regulatory systems, the paper introduces the concept of a «transnational legal order» based on the mechanisms of private law. The transnational legal order, along with the formation of binding (contractual) ties between entities, plays a unifying — organizing and coordinating — role in supply chains. In addition, it creates a platform for the international dissemination of national norms of law, as well as «voluntary» standards and rules formulated in private, social and ethical practices that are not initially endowed with legal force. The contractual form of consolidation contributes to their legitimization. The paper justifies the emergence of a new direction of research in the framework of international commercial law — transnational supply chain law.The trends in the development of international commercial law include digitalization, environmentalization, socialization, industry fragmentation and extraterritoriality of regulation.
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Jentsch, Valentin. "Government Responses on Corona and Contracts in Europe: A Compilation of Extraordinary Measures in Times of Crisis." European Business Law Review 32, Issue 6 (December 1, 2021): 1067–91. http://dx.doi.org/10.54648/eulr2021039.
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In March 2020, the new coronavirus (Covid-19) outbreak, which was eventually declared a pandemic by the World Health Organization, changed everyday life all over Europe from one day to another. Under those extraordinary circumstances, a wide range of issues concerning the law of contracts are becoming particularly important. In the early stages of the pandemic, during lockdowns and a subsequent reopening of the economy, many European countries have implemented significant and unprecedented measures in response to the current crisis. Against this backdrop, the more fundamental question arises whether and to what extent we need an extraordinary law of contracts in times of pandemic. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), the paper provides for an analysis and discussion of various extraordinary measures taken by European governments and puts these measures into perspective. A functional and comparative approach is used to elaborate on how contract law should respond to the current crisis. Coronavirus (Covid-19) pandemic, commercial contracts, consumer contracts, employment contracts, lease contracts
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Berger, Klaus Peter. "The Principles of European Contract Law and the Concept of the "Creeping Codification" of Law." European Review of Private Law 9, Issue 1 (March 1, 2001): 21–34. http://dx.doi.org/10.54648/335684.
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The Principles of European Contract Law, along with other private initiatives such as the UNIDROIT Principles of International Commercial Contracts, pose new problems for legal theory. What is the status of such principles and how can they be used? Berger examines these issues from the perspective of "creeping codification" of transnational law - the idea that slowly and gradually by reference to such principles a uniform private law will emerge. The modern European situation re-enacts the debate between the Thibauts and the Savignys in 19th century Germany: the debate between those who propose early codification and those who seek to develop a political harmony between the law and its subjects. "Creeping codification" reflects the viewpoint of the Savignys. Principles and restatements may be used by national and supranational law makers (legislators and courts), referred to by the parties to an agreement, and built into legal education. This is a process which is already beginning to occur. The existence of specific, written principles rather than open-ended "general principles" of transnational law greatly facilitates the possibility of recognition and use. Because of their private origins, one of the tasks for the promoters of such principles is to ensure that they are well marketed, so that they can obtain maximum use. The "soft law" nature of such rules nevertheless renders them sufficiently flexible that they can easily be modified to suit new conditions and thus better reflect their environment.
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Brüggemeier, Gert. "Risk and Strict Liability: The Distinct Examples of Germany, the United States, and Russia." European Review of Private Law 21, Issue 4 (August 1, 2013): 923–57. http://dx.doi.org/10.54648/erpl2013053.
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Abstract: Natural law and economic liberalism engendered the grand concept of modern European private law (freedom of contract, property, faute personnelle). Nearly simultaneously, the ongoing process of industrial revolution paved the way into 'another modernity'. Its new paradigms were technical risks, enterprises, and insurance. Insurability of losses caused by risky commercial activities and the concomitant possibility of passing on its costs to the public created the demand for 'stricter' forms of enterprise liability beyond fault. This article presents three different answers to these social challenges. Germany is but a prominent example for the continental EU Member States with its mixed system of social insurance, special legislation on Gefährdungshaftung, and a general fault regime. The United States adheres to the common law's negligence system with only marginal corrections. The liability law of the new Russian civil code combines the French legacy with the revolutionary ideas of the 1922 code leading to two general clauses of quasi-strict and strict liabilities. Résumé: Le droit naturel et le libéralisme économique ont engendré le grand concept du droit privé européen moderne (liberté contractuelle, propriété, faute personnelle). Quasiment en parallèle, le processus de la révolution industrielle met en route une « autre modernité » dont les paradigmes sont les risques techniques, les entreprises et les assurances. La possibilité d'assurer des pertes dues à des activités économiques à risques et l'opportunité de pouvoir en répartir les coûts sur la société créent un besoin des formes plus strictes de la responsabilité des entreprises au-delà de la responsabilité pour faute personelle. Cet article présente trois réponses différentes à ces challenges sociaux. L'Allemagne, avec son système mixte d'assurances sociales, legislation spéciale de Gefährdungshaftung et droit général de responsabilité pour faute, n'est qu'un éminent exemple des pays continentaux de l'Union Européenne. Les Etats-Unis adhèrent au principe de negligence du common law avec seulement quelques corrections marginales de stricte responsabilité. Le droit de responsabilité du nouveau code civil de la Fédération Russe combine l'héritage français aux idées révolutionnaires du code civil de 1922 et aboutit à deux clauses générales de responsabilité quasi-stricte et stricte.
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Saintier, Séverine. "France, Germany and the United Kingdoms Divergent Interpretations of Directives 86/653 and 93/13s Exclusionary Provisions: An Overlooked Threat to Coherence?" European Review of Private Law 19, Issue 5 (October 1, 2011): 519–44. http://dx.doi.org/10.54648/erpl2011041.
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Abstract: Following its 2010 Green paper on policy options for progress towards a European Contract Law for Consumers and Businesses and the more recent feasibility study for a future instrument in European Contract Law, the European Commission's commitment to a European contract law is unwavering. Although it is not as yet clear what form this instrument will take, the move to a European contract law is welcome. Yet, by concentrating on the negative impact of divergent interpretations of key terms within Directives on cross-border trade, the debate for a closer harmonization of private law appears to have overlooked another concern; that of divergent interpretations of exclusionary provisions, which, by undermining the effectiveness of Directives as protective measures threaten coherence. This threat exists in the United Kingdom with respect to two Directives affecting consumers as well as businesses: Directive 86/653 on self-employed commercial agents and Directive 93/13 on unfair terms. The aim of this article is to determine the extent of the problem and consider what solutions, if any, are available. Résumé: À la suite de la publication en juillet 2010 du livre vert de la Commission Européenne ainsi que la plus récente publication du rapport de la commission d'experts pour un instrument futur de droit européen des contrats, l'engagement de la Commission Européenne en faveur d'un droit européen des contrats demeure fort. Bien que ni la forme ni le contenu d'un tel instrument n'aient été précisés, un tel engagement de la Commission Européenne est néanmoins positif. Cependant, en se concentrant sur l'impact négatif causé par les différentes interprétations nationales de certains mots clés des Directives, le mouvement en faveur d'une harmonisation plus avancée du droit privé initié par la Commission Européenne semble avoir oublié un autre problème: celui des interprétations divergentes des exceptions d'application de certaines directives. De telles divergences nuisent à l'efficacité de ces directives en tant que mesures protectrices et menacent leur cohérence. Un tel problème se voit particulièrement au Royaume Uni par rapport à deux directives; la Directive 86/653 relative aux agents commerciaux indépendants et la directive 93/13 relative aux clauses abusives. Le but de cet article est d'étudier l'étendue de ce problème puis de considérer quelles solutions, s'il y en a, peuvent être proposées.
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Dunn, James A., and Anthony Perl. "Policy Networks and Industrial Revitalization: High Speed Rail Initiatives in France and Germany." Journal of Public Policy 14, no. 3 (July 1994): 311–43. http://dx.doi.org/10.1017/s0143814x00007303.
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ABSTRACTUsing Atkinson and Coleman's typology of policy networks, this article shows how many of the differences in policy outcomes can be traced to the structure of the policy environment in each nation. French and Germany policy makers adopted a strategy of investing in high speed passenger transport to revitalize their declining railway sectors. The French TGV was developed in a state-directed policy network which insisted on cost containment and commercial viability. In Germany a corporatist style of policymaking in the rail sector led to delays and higher costs for the ICE train. A separate clientele pluralist network led by the Research Ministry developed the Transrapid maglev option, but in order to finance and deploy an operational system, the Chancellor and cabinet had to create a concertation network. The policy network approach provides a useful framework for conducting comparative analysis. In addition, these detailed cases suggest that it is useful to add a dynamic, cross-temporal dimension to the static typology.
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Shaykhutdinov, Evgeniy M. "Legal Regulation of Insolvency (Bankruptcy): a Brief Historical Digression." Rossijskoe pravosudie, no. 12 (November 25, 2022): 40–49. http://dx.doi.org/10.37399/issn2072-909x.2022.12.40-49.
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The institution of insolvency (bankruptcy) is known to all modern legal systems, regardless of the specifics of the economic formation. The bankruptcy mechanisms implemented in the Russian Federation are not effective enough, while the number of bankruptcy cases is steadily growing. Further reform of the institution of bankruptcy in the Russian Federation implies the need to study the historical experience of legal regulation of bankruptcy both in foreign countries and in pre-revolutionary Russia. All the main methods of scientific cognition, in particular historical and comparative methods, were used in the preparation of the article. The article examines the origin and evolution of the institution of bankruptcy (bankruptcy law), identifies the beginnings of bankruptcy law in Roman law, touches on its development in the legal systems of Italy, France, Germany, Great Britain, USA, Russia. The concepts of non-payment and insolvency are analyzed, as well as the ratio of the institutions of enforcement proceedings and competition law. Conclusions are formulated about the exclusivity of bankruptcy in terms of economic consequences, the need to distinguish commercial bankruptcy from consumer bankruptcy, the importance of the criterion of good faith in relation to the debtor and creditors.
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Cagarman, Karina, Jan Kratzer, Laura Helen von Arnim, Kristina Fajga, and Michaela Jacqueline Gieseke. "Social Entrepreneurship on Its Way to Significance: The Case of Germany." Sustainability 12, no. 21 (October 28, 2020): 8954. http://dx.doi.org/10.3390/su12218954.
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The environmental context plays a very important role in the success of entrepreneurial behaviour. Governments used this opportunity by introducing specific programmes, but do social entrepreneurs have a comparable chance of getting governmental support as commercial entrepreneurs do in these programmes? We analyze the EXIST Start-up Grant in terms of likelihood for entrepreneurs following economic and social sustainable development goals (SDGs). Our results indicate that there is a decreased probability to get the EXIST Start-up Grant when following social SDGs. We argue that it is about time to introduce specific programmes for social innovation and/or reassess existing programmes in terms of their openness to social entrepreneurs.