Der Begriff des Tochterunternehmens im Recht der Beteiligungstransparenz und im Übernahmerecht

Capital market players are regularly part of a group of companies. The classification of a company as a subsidiary has significant effects on the subsidiary and the parent company. In the law on transparency of shareholdings and takeover law, membership in such a group of companies is decided based on the concept of subsidiary in Section 35 (1) of the German Securities Trading Act (WpHG) and Section 2 (6) of the German Securities Acquisition and Takeover Act (WpÜG). These definitions are analysed in depth to shed light on capital market group law. The European foundations as well as the purpose of the regulations are particularly examined. Finally, the results found are verified by analyzing GmbH & Co. KG structures.

And Justice for All

There is a strong sentiment in the general population that we need to put an end to the hate crisis in our society. Politicians and policymakers have it in their power to prevent this crisis from escalating further by regulating not only (physical) hate crimes but also hate speech. This has already been done in many European countries, where hate speech typically is considered a form of group libel that defames members of the targeted group. Law professor Jeremy Waldron has offered an argument for this perspective on hate speech. Hate speech, he argues, is criminal group libel. This chapter argues that Waldron’s argument doesn’t accomplish what he says it does, because most hate speech doesn’t make, or imply, any factual claim and therefore fails to be defamatory. The chapter then offers an argument for curtailing hate speech that is premised on the political philosopher Jürgen Habermas’ notion of communicative rationality. Finally, other solutions to the hate crisis are considered.

A Group Law on the Projective Plane with Applications in Public Key Cryptography

In the context of new threats to Public Key Cryptography arising from a growing computational power both in classic and in quantum worlds, we present a new group law defined on a subset of the projective plane F P 2 over an arbitrary field F , which lends itself to applications in Public Key Cryptography and turns out to be more efficient in terms of computational resources. In particular, we give explicitly the number of base field operations needed to perform the mentioned group law. Based on it, we present a Diffie-Hellman-like key agreement protocol. We analyze the computational difficulty of solving the mathematical problem underlying the proposed Abelian group law and we prove that the security of our proposal is equivalent to the discrete logarithm problem in the multiplicative group of the cubic extension of the finite field considered. We present an experimental setup in order to show real computation times along a comparison with the group operation in the group of points of an elliptic curve. Based on current state-of-the-art algorithms, we provide parameter ranges suitable for real world applications. Finally, we present a promising variant of the proposed group law, by moving from the base field F to the ring Z / p q Z , and we explain how the security becomes enhanced, though at the cost of a longer key length.

Die Anerkennung eines Konzerninteresses im europäischen Gesellschaftsrecht

There are no regulations in the European single market that lay down the mechanisms for group governance. For this reason, the academic discussion in the field of group law is increasingly focusing on the concept of group interest. The aim is to facilitate cross-border group management through a harmonised regulatory regime. The study evaluates the current legal situation and the proposed regulations. In the process, obstacles for a transformation into national law are identified. In addition, it is shown what effect the proposals would have on the level of protection granted to creditors. The insights gained are taken into account in a novel regulatory concept for the recognition of group interest.

Women, Children, Slaves, and the Law in the New Testament Period

In the first and second centuries ce, the legal status of women, children, and slaves varies due to factors like location, social status, and wealth. This chapter identifies three factors that complicate the description of these groups’ status under the law: the nature of law as both written law and custom; the breadth of the Roman empire and the practice of self-rule in the provinces; and tensions within the existing historical evidence. It goes on to describe central laws and customs pertaining to marriage and divorce, adoption and care of children, and slave ownership and manumission. Although scholars often contrast Christian practice with Roman or Jewish law regarding women, children, and slaves, the chapter argues that the groups had a good deal in common. Within each group, law and custom are not always in agreement, but they make possible a range of legal actions.

Die Neuerfindung Europas

The volume summarises the contributions to the fourth conference of the Working Group "Law and Politics in the European Union", which was jointly organised with the Friedrich-Ebert-Stiftung in Berlin in April 2017. We started by investigating how narratives develop and what functions they have in the integration process. Does the "Europe of the Fatherlands" lead us into a European Union that is more strongly shaped by the national identity of the member states than before? What remains of the legal community? Is "peace" an outdated narrative? Why is it so difficult to reform the "Europe of welfare states" into a truly European social space? A number of arguments militate in favour of a more differentiated, flexible and pluralistic European legal area. It is far from clear, however, how such a structure could live up to democratic standards and on which normatively convincing narrative it could be established. With contributions by Armin v. Bogdandy, Sigrid Boysen, Claudio Franzius, Sylvie Goulard, Peter M. Huber, Albrecht Koschorke, Thorsten Kingreen, Gertrude Lübbe-Wolff, Franz C. Mayer, Martin Nettesheim, Angelika Nußberger, Jörn Reinhardt, Lars Viellechner, Mattias Wendel