The German Law and Economics Association and the evolution of European Law and Economics

European Criminal Law after the Lisbon Treaty, or Europeanization of European Law, under the Co-Responsibility of the Member States

The article is devoted to the history of the development of European law in the Middle Ages and the Enlightenment. The process of Roman law codification in continental Europe has been examined. The contribution of glogators and consiliators in the process of developing systems of legal science and knowledge in the territories of foreign countries has been shown. The development of legal science and education in the era of Enlightenmen has been given. In particular the activities of monarchs-philosophers, the introduction of the principles of natural law into European law as well as the process on development of European criminal law have been shown. The principles on formation of the Anglo-Saxon legal system have been highlighted. The history on the development of the state and the right of the Russian Empire, which, in the nineteenth century, belonged most part of the Ukrainian lands has been explained. The contribution of European and Russian law to the development of Ukrainian legal science in the second half of the nineteenth century has been revealed.

Taiwan became a colony of Japan in 1895, and thus followed Japan in transplanting Continental European civil law. Early in the period of Japanese rule, Taiwanese civil matters were largely decided according to customs, which were informed by concepts and terminology of Continental European civil law. However, the ownership, pledge and mortgage of Continental European law had been partly introduced to Taiwan. Later in the period of Japanese rule, property law in the Japanese Civil Code, receiving Continental European law, took effect in Taiwan. In contrast, the status law relating to the Taiwanese was still applied to customary law and was shaped by terminology of Continental European civil law. Taiwan became a province of China during the period of four years after World War II, and it began to implement the civil law of China in the republican era. As a result, the Taiwanese status law was also modeled on Continental European law. Taiwan has been a de facto state since 1949, the year China began to be ruled by the communist party. Taiwan continues to enforce the civil law, which originated in Republican China, with its roots in Continental European law, and adds many elements from American law in the special civil law due to close political and economic ties with the United States. However, the theory and practice of civil law in Taiwan has been dominated by the jurisprudence and laws of Continental Europe, especially Germany. In post-war Taiwan, the majority of the first-generation legal scholars came from Republican China and were deeply influenced by Continental European law; the minority had been trained in pre-war Japanese law, which received Continental European law as well. Many Taiwanese legal scholars, from the second generation to today, directly borrowed from Germany or learned from Japan to introduce the civil law and its theories in post-war Europe to Taiwan. After the democratization of Taiwan in the 1990s, people in Taiwan have reformed their legal system for their own needs. With legal knowledge incorporating the ideas of Continental European civil law, a localized civil law has been shaped by the decisions of Taiwanese courts, the struggle of social movements in Taiwan and the reaction of Taiwan’s legislature. This law is unique among countries in East Asia because it is based on the social needs of Taiwan.

Dynamic Law and Religion in Europe: Acknowledging Change: Choosing Change

Part 1 Between modernity and postmodernity: An ever whiter myth - the colonization of modernity in European Community Law, James Henry Bergeron New Europe and old stories - mythology and legality in the European Union, Peter Fitzpatrick legal pluralism in the European union, Harm Schepel Europe's emprise - symbolic economy and the postmodern condition, James Henry Bergeron. Part 2 European identity in EU Law: understanding the European union/European economic area as systems of functionally different processes, Inger-Johanne Sand culture in the evolution of European law - panacea in the quest for identity? Valsamis Mitsilegas the common foreign policy of the EU - reinforcing the European identity? Sionaidh Douglas-Scou the politics of alterity and exclusion in the European Union, Carole Lyons. Part 3 European identity in national law and the European Convention: Foucault and the "illegal alien" - national identity as focus for distinction and control, Sarah van Walsum Querelles asks for asylum, Thomas Spijkerboer legal pluralism in Britain - the rights of Muslims after Rushdie affair, Kathleen M. Moore the construction of the other in the European human rights enterprise - a narrative about democracy, human rights, the rule of law and my neighbour, Kristina Morvai.

Protection of constitutional identity in light of the jurisprudence of the Constitutional Court of the Republic of Poland – a comparative study

This treatise revisits the debate on private enforcement in the realm of capital markets law from the European and German perspective. It has been inspired by and shall contribute to the wider debate on whether or not financial markets regulation and civil liability in European law have been steering a more coordinated course. The treatise introduces at the outset some vital aspects of the broader debate on the relationship of capital markets law and private law from the German perspective. The treatise then turns to the European civil liability regime for credit rating agencies (CRAs). The topic of this treatise thereby interweaves two realms of law: European capital markets law as an integral part of European financial markets law and national private (international) law. The treatise explores the efficiency and effectiveness of the European civil liability regime for CRAs in the European Union (Union) with a view to its design and implementation. It shows that the European civil liability regime for CRAs in the Union is a specific example of an ill-conceived private enforcement tool in the realm of European capital markets law. The complexity of its design is explored firstly from the perspective of the law in books. In highlighting the torso design problem of the European civil liability regime for CRAs focus lies on the role of private international law. Secondly – as to the perspective of the law in action – the approach of German courts is sketched to illustrate the challenge the national (German) judiciary faces in context with the civil liability of CRAs. The torso design of the European liability regime for CRAs appears to render it an alien concept rather than one fitting easily into the canon of (national) civil liability norms. The treatise concludes with a question rather than a response to the question on whether financial markets regulation and civil liability in European law have been steering a more coordinated course: Why not navigating better next time?

One of the more remarkable developments in European law is the sudden ‘waking up’ of the European Court of Human Rights in the middle of the 1970s. This article, on the basis of extensive archival materials, follows grassroots actors as they discovered what had been a dormant part of European law, key academics with their own plans for the system and governmental officials debating in the corridors of Strasbourg in order to shed light on this development. The article argues this ‘waking up’ wasn’t the result of a top-down initiative by the Court, but rather the result of a bottom-up movement instigated by a variety of actors. As such, it ties into the recent debates on why and how actors turn to and shape European law (broadly conceived), as well as to why the Court turned active in this period. It makes the case for combining a bottom-up approach with the analysis of governmental policy- and decision-making to examine this change, as from the individual complaints grew a campaign to fundamentally change the entire system of European human rights protection.

Abstract: This article analyzes the German, English and French law if and how contracts can be terminated or amended in response to unforeseen events. In addition, it describes the solutions in the UN Convention on Contracts for the International Sale of Goods (CISG), the Principles of European Contract Law (PECL) and the UNIDROIT Principles on International Commercial Contracts. The starting point of this article is German law with its doctrine of Störung der Geschäftsgrundlage established by the courts in the 1920’s and recently codified in § 313 BGB. The new provision requires a fundamental change in circumstances upon which a contract was based and that it is unreasonable to hold the party bound to its (unchanged) duty. The article then stresses some parallels to the English frustration law, though English Courts have no power to revise the contract, whereas this is the primary remedy in German law. Taking French law into account, which still rejects the concept of imprévision, English law is thus placed between the Germanic and Romanic legal solutions. French law only knows force majeure which officially results in tout ou rien, though there is some trend towards accepting an obligation de renégociation. While article 79 (1) CISG is not dealing with the change of fundamental circumstances or the adjustment of contracts, article 6:111 PECL and articles 6.2.1 to 6.2.3 UNIDROIT Principles provide for this. The fact that they do not just allow for a termination of the contract, but also its juridical adaptation to restore the equilibrium is a trend that should be welcomed from the perspective of European and international contract law. Résumé: Cet article analyse au niveau des droits allemand, anglais et français la question de la résiliation ou de la modification des contrats suite à des évènements imprévus. De plus, il décrit les solutions de la Convention des Nations Unies sur les Contrats de Vente Internationale de Marchandises (CVIM), des Principes de droit européen des contrats (PECL) et des Principes UNIDROIT relatifs aux contrats du commerce international. Le point de départ de cet article est le droit allemand et sa doctrine de Störung der Geschäftsgrundlage [see above]. instauré par les tribunaux dans les années 1920 et codifié récemment par le § 313 BGB. Cette nouvelle disposition requiert deux conditions: un changement important des circonstances à la base du contrat et qu’il ne soit pas équitable d’exiger l’exécution par la partie de son obligation contractuelle (non modifiée). Des parallèles sont ensuite tracés avec le droit anglais de l’impossibilité d’exécution, et ce bien que les tribunaux anglais n’aient pas le pouvoir de modifier le contrat alors que c’est le recours principal du droit allemand. Au vu du droit français, qui rejette encore le concept d’imprévision, le droit anglais est donc situé entre les solutions germaniques et romanes. Le droit français connaît uniquement la force majeure qui se solde officiellement par tout ou rien, bien qu’il existe une certaine tendance vers l’acceptation d’une obligation de renégociation. Alors que l’article 79 (1) CVIM ne concerne par le changement des circonstances à la base du contrat ou la modification des contrats, l’article 6:111 PECL et les articles 6.2.1 à 6&peri

Law, Exile and the Making of a Transnational Constitution: A Life of Eric Stein

This second edition guide to the German Unfair Competition Act (UWG) will be published in three volumes at thebeginning of 2013. The guide’s commentary is grounded in a firm understanding of legal issues, yet is also practical in its orientation. Written by respected legal scholars, the guide takes into account the significant reforms to the UWG that were instituted in recent years, particularly in 2004 and 2008. The guide also addresses recent judicial decisions, contributions to the literature on the UWB, as well as developments in European law.

In October 2021, the fifth German-Spanish Civil Law Talks took place at the Universidad Carlos III. The subject of the meeting has been the obligation to pay damages. The lectures by Spanish and German legal scholars printed in this volume deal with topics that are in part both highly topical and shaped by European law requirements. Four panels dealt with liability for damages in the field of artificial intelligence and in the digital environment, liability for damages in the context of competition law, and the distinction between damages and unjust enrichment in the field of intellectual property. At the beginning and at the end of the volume there are two contributions dealing with the development of tort law and giving an outlook on possible future developments in European law of damages. With contributions Rodrigo Araldi, Prof. Dr. Tatiana Arroyo Vendrell, Xabier Basozabal Arrue, Manuel Angel Bermejo Castrillo, Prof. Pedro del Olmo, Prof. Dr. Beate Gsell, Jan Dirk Harke, Prof. Dr. Johann Kindl, María José Santos Morón, Anton Schäffler, Reiner Schulze and Gerald Spindler.

This second edition guide to the German Unfair Competition Act (UWG) will be published in three volumes at the beginning of 2013. The guide’s commentary is grounded in a firm understanding of legal issues, yet is also practical in its orientation. Written by respected legal scholars, the guide takes into account the significant reforms to the UWG that were instituted in recent years, particularly in 2004 and 2008. The guide also addresses recent judicial decisions, contributions to the literature on the UWB, as well as developments in European law.

A collectively authored article, which (unusually in legal scholarship) makes explicit the processes and methodologies by which 'European Union health law' is conceptualised; the implications; and the strengths and weaknesses of the approach taken. Strengths include implied structural and systemic coherence; and the breadth of analysis that having a large team of authors permits, through holding their positionalities in creative interplay with each other. The authors argue that European Union health law - defined as transversal and distinctively European Union law that either directly or indirectly affects human health, in a broad sense - should be understood through a metaphor of growth and connectedness, specifically a 'tree'. The article seeks to initiate a discussion not only about European Union health law, but also about European law and health law.

The disclosure regime introduced by the EU Damages Directive is largely unprecedented in many EU Member States. Its implementation raises a number of thorny questions for both legal scholarship and practice. This contribution proposes a comparative analysis of Germany’s implementation through the lens of US discovery as a means of exposing issues, testing weaknesses, and exploring potential solutions. While the US certainly does not get everything right, it has grappled with questions of disclosure for decades. This wealth of experience and case law provides a rich vein for European (civil law) legislators and practitioners alike to mine. To this end, we analyse the key uncertainties that persist in Germany’s implementation: from the conditions and costs of disclosure, to the protections against disclosure, and the consequences of a breach. Each step of the way the US model serves as a preface to the German approach, providing context for a critical comparative analysis. We conclude with practical recommendations for the future. Disclosure, Discovery, Damages Directive, Comparative Law, European Law, German Law, US Law, Litigation Hold, Legal Privilege, Principle of Effectiveness