CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW

2017 ◽  
Vol 3 (3) ◽  
pp. 54-60
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
German Law ◽  
Vital Role ◽  
Copyright Law ◽  
The European Union ◽  
International Convention ◽  
Intellectual Content ◽  
Basic Law ◽  
The Subject ◽  
The Common ◽  
Common Problems

This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role. Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union). Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright. The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are analyzed in present article. Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL – the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL. In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.

scholarly journals Sino-Russian relations as a deterrent factor of the G2 conflict: prospects and policy recommendations

2021 ◽  
pp. 23-34
Author(s):  
Francisco Javier Brambila Martinez
Keyword(s):  
Trade Agreements ◽  
The United States ◽  
Policy Recommendations ◽  
The European Union ◽  
Regional Power ◽  
Equal Distribution ◽  
Global Power ◽  
American Hegemony ◽  
The Subject ◽  
The Common

This examines promising directions in Sino-Russian cooperation as a deterrent factor of multidimensional confrontation in the G2 format. The subject of this research is modern and advanced mechanisms of cooperation of geostrategic importance between the two countries, adapted to the global requirements. The goal of this work consists in the review of the common pursuit of the nations for more equal distribution of global power in the aftermath of American hegemony as a result of global trade. The emergence of new regional actors and their ability to operate on the global level and beyond the ideological constraints is analyzed through the United States-China relations, promising trade agreements of China with the European Union and Russia. The author considers the existing hypothesis on the prospects of concentration of regional power and emergence of new actors. The modern forecasts regarding the future of Sino-Russian cooperation are compared with geostrategic approach on the basis of the national interest and sovereignty of the countries in the absence of sound ideology for the purpose of conceptualization of future scenarios and mechanisms for prevention and settlement of conflicts. In conclusion, the author underlines the common pursuit of Sino-Russian cooperation for achieving the objectives of geostrategic nature, which constitutes the dynamic foundation for more equal distribution of world power. This article provides an actual approach towards future globalization scenarios, which would assist to prevent and resolve the conflicts using innovative models of international cooperation in the globalized region.

Comparative Contract Law

2006 ◽  
pp. 898-936 ◽  
Author(s):  
E. Allan Farnsworth
Keyword(s):  
Common Law ◽  
German Law ◽  
Contract Law ◽  
Legal Systems ◽  
The European Union ◽  
European Contract ◽  
American Law ◽  
The Common ◽  
General Contract Law ◽  
European Contract Law

This article presents an overview of comparative contract law. It reveals a number of differences between civilian legal systems and the common law, and also between French and German law as two main exponents of the civil-law tradition and, to some extent, even between English and US-American law. The same is true of other major issues in the field of general contract law that have not been touched upon. But there is a gradual convergence. This convergence is due to developments in all of the four legal systems covered in this article: English, US-American, French, and German law. And it has enabled scholars from around the world to elaborate an international restatement of contract law (the UNIDROIT Principles of International Commercial Contracts) and scholars from all the member states of the European Union to formulate a restatement of European contract law (the Principles of European Contract Law).

scholarly journals Ewolucja węgierskiego modelu zarządzania sądownictwem i samorządu sędziowskiego na Węgrzech w latach 1989–2019

2020 ◽  
Vol 119 ◽  
pp. 171-180
Author(s):  
Radosław Grabowski ◽  
Ivan Halász
Keyword(s):  
Political Parties ◽  
The Political ◽  
The European Union ◽  
Council Of Europe ◽  
Basic Law ◽  
Evolutionary Changes ◽  
Long Time ◽  
The Subject ◽  
Constitutional System ◽  
New System

THE EVOLUTION OF THE HUNGARIAN MODEL OF JUDICIAL MANAGEMENT AND JUDICIAL SELF-GOVERNMENT IN HUNGARY IN THE YEARS 1989–2019The Hungarian constitutional system after 1989 was initially subject to evolutionary changes. The previously binding constitution was only amended, although in most countries of the region the new constitutions created new system concepts. This also concerned the organisation of the judiciary, which in Hungary for a long time remained under the influence of the doctrine formed in the time of the socialist state. Significant corrections in this respect did not take place until 1997, but the solutions and institutions created at that time — including judicial self-government — survived for only slightly more than a decade. The political parties that came to power in 2010 adopted a new Basic Law and made far-reaching transformations in the field of symbolism, constitutional principles and the system of constitutional organs. Both the scope of the changes and the way they were carried out provoked resistance from various environments, including judges, whose influence on the organisation of the judiciary and its functioning was significantly reduced. The dispute that occurred was the subject of debate throughout Europe, and the institutions of the Council of Europe and the European Union were involved in resolving it.

scholarly journals ASSESSMENT OF GREENING IN THE CONTEXT OF PROVIDING ENVIRONMENTAL PUBLIC GOODS IN AGRICULTURE

2019 ◽  
pp. 18-27
Author(s):  
Agnieszka Biernat-Jarka
Keyword(s):  
Public Goods ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
The European Union ◽  
Environmental Public Goods ◽  
The Subject ◽  
The Common ◽  
Safe Food ◽  
The One ◽  
Source Materials

The article discusses the concept of providing environmental public goods through agriculture. The theoretical goal of the discussion was to present the concept of greening under the EU's Common Agricultural Policy. This concept was developed on the basis of available literature and from EU and Polish documents. The concrete goal is to assess greening instruments in terms of their implementation and compliance by farmers. A review of the available literature on the subject allows the assumption that the greening instrument implemented under the CAP has contributed to an intensification of activities by farmers in the field of environmental protection. The article was prepared based on source materials, monographs and scientific articles as well as Eurostat data. The article also presents the results of Eurobarometer surveys that show the expectations of EU citizens towards the European Union's CAP in the field of environmental and climate protection. Results of surveys have shown that on the one hand, the European Union should be responsible for ensuring healthy and safe food products for consumers, while on the other hand the goal of the Common Agricultural Policy should be to ensure an appropriate standard of living for farmers.

scholarly journals Cyclical fluctuations in freight transport in selected european union countries. Synchronization, or not?

2018 ◽  
Vol 80 ◽  
pp. 49-58
Author(s):  
Sławomir Dorosiewicz
Keyword(s):  
European Union ◽  
Economic Activity ◽  
The European Union ◽  
Demand And Supply ◽  
Macroeconomic Variables ◽  
Business Fluctuations ◽  
Cyclical Fluctuations ◽  
External Context ◽  
The Subject ◽  
The Common

Fluctuations of the economic activity in transport result from the operation of many factors of a demand and supply nature in all sectors of the economy. These factors determine both the common and specific characteristics of such fluctuations. The aim of this paper is not only to examine the morphological features of cyclical fluctuations on the transport market in Poland and selected countries of the European Union, but also the degree of their synchronization. The latter can be understood in the external context (between fluctuations in the transport production of various countries), but also in the internal one, where the subject of comparisons are fluctuations in transport and basic macroeconomic variables. The properties of business fluctuations will be examined by classical procedures for the separation of cyclical components and the detection of their turning points.

scholarly journals A comparative law review of the expenses of civil proceedings as the subject of legal protection insurance in German and Croatian law

2021 ◽  
Vol 93 (3) ◽  
pp. 846-889
Author(s):  
Loris Belanić ◽  
Jakob Nakić
Keyword(s):  
Financial Burden ◽  
German Law ◽  
Legal Protection ◽  
Case Law ◽  
The European Union ◽  
Processing Elements ◽  
Court Of Justice ◽  
Civil Proceedings ◽  
The Subject ◽  
Legal Costs

Costs of civil proceedings may constitute a significant financial burden for the parties in exercising their rights. Ensuring redress enables transferring this burden "to the back" of the insurer and thus facilitating the parties' conduct of civil proceedings in financial terms, which is also of influence on the possibility of exercising their rights. Providing redress covers only those legal costs that are necessary (necessary) to achieve protection of the legal interests of the insured. At the same time, the insurer reimburses legal expenses in accordance with the provisions of the procedural laws on the duty to compensate the costs of proceedings and regulations determining the amount and content of individual legal costs. The paper deals with the presentation and analysis of the coverage of legal sums in German law. Then, along with the model of the analysed coverage under German law, the coverage of the costs of redress in Croatian law is presented, while processing elements of legal costs (certain legal acts prescribed to pay appropriate fees, as well as the amount of such fees) which the legal protection insurers should take into account when forming the cover of the OP. Finally, the case law of the Court of Justice of the European Union relating to ensuring redress is presented.

scholarly journals Aktualne kierunki zmian we wspólnej polityce rolnej Unii Europejskiej

2018 ◽  
Vol 18(33) (1) ◽  
pp. 7-22 ◽  
Author(s):  
Mieczysław Adamowicz
Keyword(s):  
Agricultural Policy ◽  
Rural Areas ◽  
Common Agricultural Policy ◽  
Community Support ◽  
The European Union ◽  
Internal Markets ◽  
Factors Influencing ◽  
The World ◽  
The Subject ◽  
The Common

The aim of the work is presenting the evolution of the Common Agricultural Policy, mainly the changes which occurred in this policy during the last decade, as well as the forms and size of support of agriculture and rural areas. The study was prepared with the use of OECD rapport, mainly the rapport on monitoring and evolution the Common Agricultural Policy 2015, and the subject matter literature. Three groups of factors influencing the Common Agricultural Policy changes were distinguished. There are: factors influencing the state of agriculture in member countries; factors influencing relations of the European Union with the world economy and factor linked with the world financial crisis. The changes occurred in both pillars of the CAP were presented, in Pillar I related to the price and market spheres and in that related to direct payments, and in Pillar II, which cover complex of instruments influencing agriculture and rural areas. The special and specific payments were also described. Among instruments supporting agriculture special attentions was given to instruments of internal markets, instruments influencing services and foreign trade regulations. One of the main conclusions is statement that periodical changes of aims and instruments of the CAP did not destroy the background of the policy and the necessity of the community support for agriculture.

Law on Churches and Religion in the European Legal Area – Through German Glasses

2007 ◽  
Vol 8 (6) ◽  
pp. 563-576 ◽  
Author(s):  
Hans Michael Heinig
Keyword(s):  
European Union ◽  
German Law ◽  
Legal Framework ◽  
Common Market ◽  
The European Union ◽  
Member States ◽  
Legal Situation ◽  
Antidiscrimination Law ◽  
The Common ◽  
Critique Of Ideology

Approximately ten to fifteen years ago the “danger of Europeanization” of the German law on churches and religion was hotly debated. The churches in Germany feared that the influence of the European Union would dramatically change their legal framework. But also academic writers worried about the influence of the common market law or European antidiscrimination law on the legal situation of the churches in the member states – sometimes in rather shrill tone. One almost got the impression that Brussels replaced the Marxist Ideologiekritik (critique of ideology) as the main enemy of Christianity in Europe.

Regulating surrogacy in Europe: Common problems, diverse national laws

2019 ◽  
Vol 26 (4) ◽  
pp. 435-446 ◽  
Author(s):  
Noelia Igareda González
Keyword(s):  
Gender Stereotypes ◽  
The European Union ◽  
Bonding Theory ◽  
Margin Of Appreciation ◽  
Maternal Instinct ◽  
The Common ◽  
Common Problems ◽  
Legal Arguments ◽  
Definition Of ◽  
European Union Member States

Despite the diverse legal approaches towards surrogacy in Europe, there are common socio-legal arguments attempting to legitimise it amongst the European Union member states. Regardless of the prevailing regulation in each country, surrogacy in general is confronted with common criticisms and faces similar obstacles. For instance, the operative definition of altruism is put under question in countries where altruistic surrogacy is permitted. Surrogacy is also considered an attack on a woman’s dignity and a risk to children’s welfare. Behind such claims, however, rests the common yet unsubstantiated belief in a natural maternal instinct. Furthermore, a clear misunderstanding about the bonding theory still persists. Common debates around surrogacy in Europe show us that, beyond the national margin of appreciation, surrogacy challenges basic definitions of motherhood, filiation and family. These challenges are deeply permeated by gender stereotypes which partially explain the national similarities among the legal diversities.

The Participation of the German Länder in Formulating German EU-policy

2009 ◽  
Vol 10 (9) ◽  
pp. 1215-1255 ◽  
Author(s):  
Magdalena Suszycka-Jasch ◽  
Hans-Christian Jasch
Keyword(s):  
European Union ◽  
German Law ◽  
Constitutional Court ◽  
The European Union ◽  
Policy Makers ◽  
Treaty Of Lisbon ◽  
Basic Law ◽  
German Länder ◽  
Federal Constitutional ◽  
German Federal Constitutional Court

On the 30 June 2009 the German Federal Constitutional Court (Bundesverfassungsgericht, FCC) has passed its long-awaited decision on the compatibility of the Act approving the Treaty of Lisbon and the accompanying legislation with the Basic law (Grundgesetz). The FCC's decision according to which the ratification law is compatible with the Basic law was greeted with relief by many German and European policy makers. It has removed another obstacle for the adoption of the Treaty of Lisbon in the European Union (EU), which still has to be ratified by Ireland, Poland and the Czech Republic, though. But also Germany's ratification still depends on the amendment of the accompanying “Act Extending and Strengthening the Rights of the Bundestag and the Bundesrat in European Union Matters” (“Extending Act”) which the FCC has declared incompatible with the Basic law insofar as the legislature, Bundestag and Bundesrat, have not been accorded sufficient rights of participation in European law-making and treaty amendment procedures. The FCC has therefore ruled that the Federal Republic of Germany's instrument of ratification of the Treaty of Lisbon may not be deposited as long as the constitutionally required legal elaboration of the parliamentary rights of participation has not entered into force. This puts pressure on German law-makers to amend the accompanying “Extending Act” possibly before the referendum in Ireland and before German elections in autumn 2009.

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