Die BGH-Rechtsprechung zur Anlageberatung im Lichte der Behavioral-Finance-Forschung

2019 ◽  
Author(s):  
Kerstin Peters
Keyword(s):  
Behavioral Finance ◽  
Personal Responsibility ◽  
Investor Protection ◽  
Case Law ◽  
Federal Court ◽  
Behavior Patterns ◽  
Court Of Justice ◽  
Irrational Behavior ◽  
Federal Court Of Justice ◽  
Investment Advice

Behavioral finance research shows that investors do not act purely rationally when they seek investment advice, but are influenced by numerous irrational behavior patterns. In this respect, the author analyses the case law of Germany’s Federal Court of Justice [Bundesgerichtshof] on investment advice. In particular, the author critically examines the investor protection concept of the Federal Court of Justice, which is based on personal responsibility. Firstly, the study shows which irrational behaviors typically occur in an investment advisory situation. Then, it analyses whether the duties of the investment advisors are sufficiently aligned with these behaviors, and whether the intended investor protection can actually be achieved. Finally, the author develops suggestions for improvement that relate to various duties of the advisors, as well as to the investor protection concept.

Minderheitsschutz im Personengesellschaftsrecht

2020 ◽  
Author(s):  
Björn Staudinger
Keyword(s):  
Case Law ◽  
Federal Court ◽  
Regulatory Framework ◽  
Majority Voting ◽  
Careful Examination ◽  
Legal Certainty ◽  
Fiduciary Duties ◽  
Legal Principles ◽  
Court Of Justice ◽  
Federal Court Of Justice

This study deals with the changing case law on the control of majority voting in German partnership law. It examines the consequences of the German Federal Court of Justice abandoning the so-called ‘Bestimmtheitsgrundsatz’ (the principle of legal certainty) and how to deal with the ongoing legal uncertainty regarding the existence of the so-called ‘Kernbereichslehre’ (the principle on protecting minorities in corporations). To answer this question, the author examines how majority voting can be controlled within the existing regulatory framework. In this context, after careful examination of previous case law, he argues that the ‘Kernbereichslehre’ should be abandoned and replaced by already existing legal principles, such as fiduciary duties.

Report– Recent Case Law of theBundesgerichtshof(Federal Court of Justice) inStrafsachen(Criminal Law)

2008 ◽  
Vol 9 (5) ◽  
pp. 683-710
Author(s):  
Antonio K. Esposito ◽  
Christoph J.M. Safferling
Keyword(s):  
Case Law ◽  
Federal Court ◽  
Official Journal ◽  
Court Of Justice ◽  
The Usa ◽  
Federal Court Of Justice ◽  
East German ◽  
To Come ◽  
One Year ◽  
Official Records

Reporting on one year of theBundesgerichtshof's(BGH – Federal Court of Justice) jurisprudence in criminal affairs is always a delicate matter. We have decided to limit ourselves to report on a variety of cases, which are reported in the official records of the BGH and edited by members of the Court. The Court's official journal,Entscheidungen des Bundesgerichtshofs in Strafsachen(BGHSt), gives a fair mixture of decisions, which the judges themselves consider important enough to be included therein. However, the triage of decisions found there entails but a small portion of the BGH's work, chosen case-by-case without taking heed of producing a representative share. In order to come to a reasonable number of decisions to include in this report we had to leave aside several decisions notwithstanding their importance. We abstain from reporting on the case ofEl Motassadeq, who was charged with abetting in murder in 3066 cases in connection with the 9/11-attacks in the USA and was acquitted for lack of evidence. This case has been reported extensively elsewhere. We also desist from reporting on theGartenschlägercase, which deals with a special incident at the former German-German boarder. A survey of recent decisions of the BGH in the context of the former East-German regime was included in last year's report to the Annual for German and European Law (AGEL).

Die Anwendbarkeit des Allgemeinen Gleichbehandlungsgesetzes auf GmbH-Geschäftsführer

2020 ◽  
Author(s):  
Anselm Christiansen
Keyword(s):  
Detailed Analysis ◽  
Limited Liability ◽  
Case Law ◽  
Federal Court ◽  
Employment Law ◽  
Equal Treatment ◽  
European Law ◽  
Foreign Investors ◽  
Court Of Justice ◽  
Federal Court Of Justice

The applicability of employment laws for managing directors of German GmbHs (limited liability companies) is subject to a multitude of different provisions in German and European law and their corresponding jurisprudence. This dissertation examines managing directors’ protection against discrimination according to the failed section 6 of the General Act on Equal Treatment (AGG) against the background of the recent case law of the ECJ and the German Federal Court of Justice (BGH). The dissertation comments on the differences between definitions of an ‘employee’ under German and European law on the basis of a detailed analysis of the ECJ’s jurisprudence. It addresses issues resulting from conflicts between corporate and employment law which the ECJ has not resolved appropriately and evaluates them in a different manner. Furthermore, the work provides guidance on determining what constitutes an ‘employee’ according to the ECJ’s definition in practice. The author is a practising lawyer who focuses on advising foreign investors in Germany.

Excessive Data Collection as a Form of Anticompetitive Conduct: The German Facebook Case

2021 ◽  
pp. 0003603X2199702
Author(s):  
Anne C. Witt
Keyword(s):  
Data Collection ◽  
Competition Law ◽  
Federal Court ◽  
Digital Platforms ◽  
High Profile ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
Constitutional Right ◽  
Abuse Of Dominance

In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by dominant digital platforms. This contribution discusses the original prohibition decision, the ensuing court orders, and legislative reform proposals in the broader context of European Union and U.S. competition law.

Freiheit der Advokatur

2021 ◽  
Author(s):  
Philipp Heinrichs
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Selection Procedure ◽  
Federal Court ◽  
The European Union ◽  
Court Of Justice ◽  
German Constitution ◽  
Federal Court Of Justice ◽  
The Subject

Since the abolishment of singular admission to the higher regional courts in 2000, the judiciary has been asking itself the question whether singular admission to the Federal Court of Justice is compatible with the German Constitution and the laws of the European Union. In particular, the non-transparent selection procedure was and is the trigger of controversial discussions and the subject of legal disputes. The work questions the conformity of singular admission to the Federal Court of Justice with the German Constitution and considers the selection procedure to be without transparency, comprehensibility and rule of law.

Die Prüfung der Zahlungsunfähigkeit mittels Algorithmen

2022 ◽  
Author(s):  
Thomas C. Fallak
Keyword(s):  
Artificial Intelligence ◽  
Statistical Methods ◽  
Federal Court ◽  
Digital Analysis ◽  
Medium Term ◽  
Insolvency Law ◽  
Accounting Data ◽  
Court Of Justice ◽  
Federal Court Of Justice

Even after various decisions of the German Federal Court of Justice on the concept of illiquidity under insolvency law, the methodology of the test remains unclear. This also applies to the justiciability of business forecasts. The thesis examines whether and within what limits testing for illiquidity can be performed by digital analysis of accounting data. It also describes the extent to which short- and medium-term liquidity planning can be supported by quantitative forecasts. Statistical methods as well as approaches from the field of artificial intelligence are described.

scholarly journals Radical men and sympathizing women? Gendered constructions of agency in charges of terrorism in Germany

2021 ◽  
pp. 203228442110602
Author(s):  
Kerstin Eppert ◽  
Viktoria Roth
Keyword(s):  
Criminal Liability ◽  
Federal Court ◽  
Political Agency ◽  
Dominant Male ◽  
Scholarly Research ◽  
Institutional Practices ◽  
The Past ◽  
Court Of Justice ◽  
Federal Court Of Justice

In the past, scholarly research in extremism and terrorism studies tended to analyse women’s engagement with violent ideology-based groups from a normative angle, framing female commitment to radical ideologies and violence as cases of inherent victimization or as instigated by a dominant male. Particularly in the negotiation of women’s transnational support of terror organizations in Syria, gendered frames of political agency have been reproduced in the institutional practices of the judiciary. Taking the case of Germany and four appeals lodged at the Federal Court of Justice between 2015 and 2017 as examples, this article analyses gendered conceptions of agency in argumentation with respect to criminal liability in the context of extremist engagement in Syria. It identifies, first, the gendered construction of defendants before the courts and inherently gendered assumptions about agency and second, a formal organizational understanding in the terrorism clauses as the two underlying problems and suggests that current concepts in terrorism norms at national, EU und international levels deflect the focus on the wider conflict dynamics where civilians’ support to violence is concerned.

Sign in / Sign up

Export Citation Format

Share Document