Das Recht des internationalen Kreditkonsortiums

The book examines the legal relationships in international loan syndicates based on the model contracts developed by the Loan Market Association (LMA). German law qualifies loan syndicates as partnerships. This qualification is questioned as it conforms neither to the expectations nor to the needs of the parties involved. With a constant comparative law approach (primarily England and France), the work brings together legal doctrine, legal theory and economics in order to develop practical solutions with regard to syndicate voting and duties of information in an LMA loan syndicate as well as the interpretation and judicial review of an LMA syndicate agreement.

Die fehlerhafte Personengesellschaft im deutschen und französischen Recht

The legal figure of the defective partnership looks back on a long tradition in both German and French law, with German law following the French model in its early days. A comparative study of the doctrine of the defective partnership in both countries is therefore worthwhile, also with regard to the current legal regulation in France. Despite the different dogmatic approaches, important opportunities for comparison are revealed. Particularly in the constructive classification of the phenomenon of facticity in civil law, the perspective of French law can prove to be extremely fruitful for German dogmatics.

On the Subject of Testamentary Burden against the Background of German Law

The making of a last will and testament by a testator is an act in law. The testator is entitled to make specific dispositions to execute their last will, such as identifying an heir, making ordinary or vindication legacies, or appointing an executor of the will. At the same time, the number of potential aims intended to be achieved by the testator corresponds to the number of possible life situations that cannot be resolved through the testator’s dispositions regarding their estate. It is therefore necessary to equip the testator with such legal means that will allow them to achieve both material and non-material objectives. This is the role of the institution of testamentary burden. It has been regulated in the Polish legal system only superficially; therefore, the author refers to the legacy of German legislation to offer a better understanding of the solution.

Intergenerational Transfer of Family-Run Enterprises in Slovenia in Comparison with German Law

After the Republic of Slovenia declared its independence in 1991 and adopted a new constitution, business in the country began to increasingly develop. Now, 30 years since declaring independence and the start of business development, we are witnessing the retirement of the first generation of business owners, and it is reasonable to expect the rise of such examples in the following years. With the change in generation and retirement of the first generation of business owners, the question arises as to how to legally regulate the transition of family companies to younger generations, with the objective of keeping the company within the family circle and avoiding fragmentation of the company because of a higher number of potential heirs. This article presents information on the transfer of a family company to the next generation with sole traders, personal companies, and companies with share capital in comparison to German law.

Koncepcje eugeniczne w polskiej nauce kryminologii w okresie międzywojennym (aspekty prawno-kryminalne)

The aim of the article is to show the role of eugenic concepts in the views of Polish legal criminologists looking for solutions to reduce crime. One way they considered was castration and especially sterilization of criminals, believing that the propensity to commit crimes is hereditary. These concepts raised great moral and ethical doubts as well as legal ones. Most of them met with opposition from Polish lawyers, but were still popular due to the influence of the anthropological school in the study of criminal law. In the 1930s, the solutions were adopted in German law.

Peculiarities of Usufruct in the Countries of Roman-German Law: Implementation of Best Practice in Ukrainian Law

The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation of the best European practice of usufruct in the law of Ukraine. The law of European countries of continental law recognizes the usufruct as a real right of personal possession for use, which is considered an independent real right to another's property or a kind of easement. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Georgia, Moldova and Russia, are researched. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia, are researched. The issues of usufruct implementation in the law of Ukraine are considered. The issues of usufruct implementation in the law of Ukraine are considered. The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter “Uzufruct”, the framework provisions of which are proposed in this paper.

CRIMINAL PROCEDURAL FORMS FOR SOLVING THE PROBLEM OF PETTY CRIME IN SERBIAN AND GERMAN LAW

The subject of the paper is the analysis of solutions that exist in Serbian and German criminal procedural law and refer to cases in which the public prosecutor in the field of petty crime is authorized to act towards adult perpetrators in accordance with the principle of opportunity of criminal prosecution. In relation to one variant of this principle, which implies conditional and temporary restraint of criminal prosecution, there is a distinct similarity in both mentioned legislations. However, with regard to the classic form of this procedural principle, which enables the public prosecutor to refrain prosecution for reasons of expediency, where he primarily values the public interest in prosecuting, there is a striking difference, because our criminal procedural law does not allow such a variant of the principle of opportunity of criminal prosecution. This difference is a consequence of a different criminal policy approach, because while in German criminal law the problem of petty crime is solved exclusively by procedural mechanisms, in Serbian criminal law, in addition to procedural law, there are also appropriate instruments in the substantive criminal law.

Human Rights Litigation against Multinational Companies in Germany

Miriam Saag-Maaβ‎ reviews the potential for human rights and environmental cases against multinationals in Germany. Outlining the rules on jurisdiction as per EU and national law. The chapter discusses the application of the Rome II Regulation to choice of law and the potential relevance of overriding mandatory provisions of German law and the possibility of claims for impairment or interference with property including the injunctive relief to prevent flooding caused by greenhouse emissions in Lliaya v. RWE. It also outlines the elements for liability for corporate human rights abuse under section 823(I) BGB and for the omission to comply with safety duties, in particular the potential for claims against a parent or buying company for breach of a safety duty by subsidiaries and suppliers. It considers key issues arising in Jabbir v. KiK, including the application of the Pakistani law and outlines key barriers to justice relating to discovery, collective actions, recovery of legal costs and funding.

Die Transplantate vom deutschen Recht für die Reform des Privatrechts in Estland. Am Beispiel des Abstraktionsprinzips

Estonia is one of the few countries where the abstraction principle (Abstraktionsprinzip) is recognised as the basis for title transfer in property law. Derived from the works of Savigny and from Germany’s strong land-register system, it is also among the basic principles of property law in Germany (the foundations of the BGB). In most countries, however, transfer of title is causal. The article describes how Estonia adopted and adapted German legal doctrine and thinking in this important field of law. This path was a long one, even though Estonian law has deep connections to German traditions. Before 1940, Estonia’s most important legal act was the Baltic Private Law Act, wherein the abstraction principle clearly was not recognised and the causal transfer of title formed the grounds in property law. In the Soviet era, though property law was given far less emphasis, the causal approach still served as its basis. When Estonia became independent, in the early 1990s, a new system of property law was urgently needed for purposes of land reform and for implementing the land-register system. German support for preparing the new Law of Property Act along the lines of German law was accepted, and the new law entered into force in 1993. Remarkably, at the beginning of this process it was not certain whether the abstraction principle would get implemented, but it became accepted through almost a decade of case law, and the new laws were later amended such that the principle was – unlike in German law – clearly formulated (in the General Part of the Civil Code). The abstraction principle has been an important part of Estonian property law and legal thinking ever since, firmly established both in legal theory and in case law. This process demonstrates well how a legal transplant from a given legal system can work in another.

Qualification of Consumer Contracts for the Supply of Digital Services under Estonian Law

The EU Digital Content Directive provides for overarching regulation of the supply of digital content and services. In this light, the article presents analysis of how contracts for the supply of digital content or digital services can be qualified under Estonian law. More specific focus is placed on contracts for digital services such as storage in a cloud service or use of Web based software, because it is not entirely clear whether the underlying contracts should be considered some type of contract for use or, rather, some kind of contract for provision of services. The article examines the distinctive characteristics of particular types of contracts for use and for services, such as the possible object of the specific type of contract at issue and the main obligations of the parties, for purposes of determining whether they are suitable for the supply of digital content or digital services. This distinction is important for understanding of the directive’s relationship with national law and how existing rules function in conjunction with the rules of the directive. Also, it regulates only certain aspects of contract law, while the remainder of the contractual relationship is determined by national law – such as that pertaining to obligations of consumers and legal remedies available to traders. These rules may differ between contract types. The article’s analysis is based on comparison of Estonian and German law.