Umfang und Inhalt der vorvertraglichen Aufklärungspflicht des Franchisegebers

2019 ◽  
Author(s):  
Anna Hahn
Keyword(s):  
Comparative Research ◽  
German Law ◽  
Federal Court ◽  
Location Analysis ◽  
Special Focus ◽  
Legal Systems ◽  
Specific Question ◽  
Court Of Justice ◽  
French And English ◽  
Federal Court Of Justice

This study examines a franchisor’s pre-contractual duty of disclosure with a special focus on financial forecasts and location analysis. In particular, it raises the question of whether these specific aspects are part of mandatory pre-contractual disclosure under German franchise law. German law has not directly addressed this specific question—neither by means of codified law nor through precedents from the German Federal Court of Justice (Bundesgerichtshof). Thus, some degree of uncertainty prevails, although the topic is well known to German courts and scholars. This study analyses and contextualises how the question has been addressed so far under German law. In order to explore legal solutions developed in other legal systems, the author undertook extensive comparative research into French and English franchise law. This thesis will be of particular interest to legal practitioners, researchers and courts who have to deal with cases of pre-contractual disclosure in franchise contracts.

scholarly journals The Constitutionality of Negotiated Criminal Judgments in Germany

2014 ◽  
Vol 15 (1) ◽  
pp. 81-105 ◽  
Author(s):  
Thomas Weigend ◽  
Jenia Iontcheva Turner
Keyword(s):  
Criminal Law ◽  
German Law ◽  
Plea Bargaining ◽  
Federal Court ◽  
Constitutional Court ◽  
German Version ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
Federal Constitutional ◽  
German Constitutional Court

In a long-awaited judgment, the German Constitutional Court in 2013 upheld the constitutionality of the 2009 German law authorizing the negotiation of criminal judgments between the court and the parties. The German version of plea bargaining, which had grown from the grassroots of criminal law practice, was later accepted by the Federal Court of Justice and written into § 257c of the Code of Criminal Procedure (StPO) in 2009. In light of these developments, a verdict of unconstitutionality by the Federal Constitutional Court was the final hope of those who opposed the replacement of the search for truth with a system of negotiation. The Court deflated these hopes, but at the same time refrained from giving an unconditional stamp of approval to the burgeoning practice of negotiating judgments. The Court attempted to rein in that practice by giving the statute a literal reading, emphasizing the limitations it places on negotiations, and strictly prohibiting any consensual disposition outside the statutory framework.

Consequences of Premature Self-Cure: The Lawless Buyer? – A Critical Review of Bundesgerichtshof's Decision of 23 February 2005

2006 ◽  
Vol 7 (1) ◽  
pp. 1-23
Author(s):  
Tobias Caspary
Keyword(s):  
Critical Review ◽  
German Law ◽  
Federal Court ◽  
Civil Code ◽  
Grace Period ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
The Law ◽  
Bürgerliches Gesetzbuch

More than three and a half years ago, the German law of obligations, codified in the second of the five books of the German Civil Code (Bürgerliches Gesetzbuch, BGB), underwent its greatest reform since the BGB was enacted on 1 January 1900. The Act to Modernize the Law of Obligations, the Schuldrechtsmodernisierungsgesetz, which came into force on 1 January 2002, dramatically altered the law of obligations. Whereas legal practitioners had almost no time to adapt to the new provisions, at least the German courts were granted a grace period. Nevertheless, by now the first cases involving the modernized law have reached the benches of the Bundesgerichtshof (BGH – Federal Court of Justice).This article deals with “one of the currently most controversially discussed questions” of the law of obligations: Whether a buyer, who cures a product's defect can claim reimbursement for the associated expenses (Aufwendungen) from the seller, without giving the seller an additional period of time for supplementary performance (Nacherfüllung). This manner of bringing the product into conformity with the contract can be described as a premature self-cure (verfrühte Selbstvornahme).

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.

Das Verhältnis zwischen Marken- und Lauterkeitsrecht beim Schutz von Unternehmenskennzeichen

2021 ◽  
Author(s):  
Yaotian Chai
Keyword(s):  
Comparative Study ◽  
Hard Rock ◽  
Competition Law ◽  
Federal Court ◽  
Unfair Competition ◽  
Application Domain ◽  
Trademark Law ◽  
Court Of Justice ◽  
Unfair Competition Law ◽  
Federal Court Of Justice

Company signs can be protected by trademark law and unfair competition law. However, can the two legal instruments be applied cumulatively? If the results obtained under the two laws conflict with each other, how can the conflict be resolved? The German Federal Court of Justice has confirmed the principle of cumulative application in the Hard-Rock-Café judgement in 2013. However, in this case, the result under unfair competition law was aligned with that under trademark law. This approach seems doubtful. This comparative study seeks to delimit the application domain of unfair competition law besides trademark law by protection of company signs and to find the appropriate approach by contradictory results.

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