Bücher veröffentlicht von Duncker & Humblot GmbH

»Carried Interest and Employment Law. In particular on the Consideration of Carried Interest in the Calculation of Severance Payments according to Sec. 10 of the German Dismissal Protection Act.«: Carried interest refers to a form of profit participation for the managers of private equity funds, which is not paid by the employer, but is given to the fund managers as a distribution via a separate investment company, disproportional to the fund managers' own capital investments. In light of this legal structure, this paper addresses the question of whether the carried interest becomes part of the employment relationship between the fund manager and his employer and must be therefore taken into account when calculating the severance pay, or whether these are separate legal relationships.

»New Regulation of Family Reunification for Persons eligible for Subsidiary Protection. A Constitutional and European Law Examination of Sec. 36a AufenthG«: Since the new regulation, only 1,000 family members per month are allowed to enter Germany for family reunification with persons eligible for subsidiary protection. The thesis addresses the question of whether this restriction is in accordance with constitutional and European law. It concludes that this regulation of family reunification to persons eligible for subsidiary protection is compatible with the German Constitution, the ECHR and the CFR, but violates the Family Reunification Directive.

»Data Protection and Competition Law«: The book examines the overlaps between antitrust law and data protection concerns. The focus is on the Facebook proceedings of the German Federal Cartel Office, which considers data protection violations to be prosecutable by means of antitrust law. It is difficult to draw the line between the two areas of law. Fabian Uebele examines their interplay and shows synergies between the two areas of law. He thus makes a contribution to the law on the regulation of online platforms.

»The Procedure of Age Assessment on Unaccompanied Minor Refugees (§ 42f SGB VIII)«: The subject of this doctoral thesis is a comprehensive legal review of the procedure of age assessment on unaccompanied minor refugees pursuant to Sec. 42f SGB VIII. The first part outlines the legal framework while raising various legal and practical issues. Subsequently, it is examined whether the age assessment procedure is compatible with German constitutional law. Finally, a proposal de lege ferenda is presented, which demonstrates the need for action by the legislator.

»Inside information within the Supervisory Board. An Examination of the Emergence of the Ad Hoc Disclosure Obligation and its Delay«: This dissertation examines the extent to which a listed company is obliged under the European Market Abuse Regulation to disclose inside information in the form of an ad hoc announcement that only exist within its supervisory board. In particular, it questions whether the supervisory board or one of its committees can be responsible for the decision on the delay of the publication of inside information according to Art. 17 (4) MAR by way of an annex competence.

»Information in Family Law Between Claim and Obligation«: The study examines the subject of information within family law, taking into account all the various sources for obtaining it: the codified claims, the general clauses within family law, the right to information in the context of family law resulting from § 242 BGB, as well as the duty to provide information unrequestedly. The study aims to work out the interrelations among these sources. This is illustrated by an expansion of the duty to provide information unrequestedly.

»Evolution and Organisation of Mass Parties in the UK. Leadership Elections and the Legal Principle of Intra-party Democracy«: The British legal system has always been a curiosity to continental lawyers, in particular the (law of the) political process. Historically, British parties are free to choose their internal structure. Thus, they can be Internet-based mass membership parties or leader-centered one-member parties. This thesis explains how British party law, developed under the classical concept of liberalism, responds normatively to the legal, political, and social challenges it faces in modern society.

»Corporate Criminal Liability as Punishment for someone else's Fault«: This comparative law thesis deals with a question regarding a possible introduction of a criminal liability for corporate entities in Germany: It examines the question of whether there is a dogmatic-theoretical or logical connection between the criminal liability of corporate entities and the non-acceptance of a principle of personal culpability, and whether this connection can also be demonstrated in dogmatic-historical or empirical terms.

»The Integrated European Data Protection Administration. Structures, Legitimacy, Legal Protection«: With the adoption of the EU General Data Protection Regulation, data protection supervision was fundamentally restructured. Claudia Kawohl shows that the actual innovative content of the regulation does not lie in the substantive regulations, but rather in these administrative organization regulations. Starting from the general concept of the European integrated administration, the dissertation subjects the new administrative structure to a detailed analysis and examines it for typical threats to the rule of law and democratic legitimacy.

»Majority Rule and Minority Government - Governmental Stability in the German Constitution«: The German constitution contains numerous mechanisms pursuing the formation of a majority government. In the case that this does not succeed, it enables the formation of a minority government and allows it to function by including instruments for the benefit of government stability. Due to more difficult coalition conditions minority governments should be considered at the federal level. Minority governments are more than just governments for »emergencies«.

»The Diplomatic Ceremonial of the Brandenburg-Prussian Court around 1700«: This study analyses Brandenburg-Prussian diplomatic ceremonial around 1700, illustrating developments, continuities and explaining the influence of individual persons. It shows that the Hohenzollerns were representatives of the prevailing ceremonial conjunctures. Recurring patterns and mechanisms of the diplomatic ceremonial are presented and analysed, which elements conditioned each other, how they interacted and which components led to discussions.

Die zivilrechtliche Anomalie 'Kauf bricht nicht Miete' in § 566 Abs. 1 BGB einer dogmatisch überzeugenden Lösung zuzuführen, ist das Ziel dieses Werks. Auch für den Praktiker ist diese Frage von Bedeutung. Unter genauer Betrachtung der einzelnen Fallkonstellationen werden die Auswirkungen des durch die Veräußerung der Immobilie ausgelösten Vermieterwechsels für Kündigungen, Mieterhöhungen, Gewährleistungsansprüche und vieler weiterer Rechtsfolgen beleuchtet.

»Distribution Management«: The book is now available in its third edition as a teaching and management manual on distribution and sales policy in marketing. The contents are prepared systematically as well as analytically and at the same time illustrated with transfer-oriented examples. They provide the tools for the necessary professionalization of sales. The book is therefore suitable both for specialists and managers in business practice and for the training and further education of students of business administration.

»Contradictory Treatment of the Supplier and the Recipient of the Service in Value Added Tax Law«: The subject of the study is a problem under Value Added Tax Law between the taxable person providing the service, the taxable person receiving the service and the tax authorities responsible for each of them. The problem arises when the tax authorities involved hold contradictory legal opinions with regard to the same transaction. The author comes to the conclusion that the problem can be completely solved by a claim for the issuance of a binding cooperation decision (new § 27c UStG).

»New Introduction to the Study of Law«: Álvaro d'Ors, friend and critic of Carl Schmitt, offers a historical-systematic synopsis of all legal subjects and disciplines. Starting from the concept of law, its relation to things and persons, to writing and nature, to economy and ecology, he designs law as a »study of causes«. The various areas of law are presented with a view to international law (such as EU law and international law) and more recent developments. The editor's commentary section enables both beginning students and those familiar with the law to compare Spanish regulations with German, Austrian, and Swiss ones.

»International Private Dispute Resolution - Impulses for the Establishment of a European Commercial Court«: The thesis shows that a European Commercial Court should be established in order to meet the needs of parties to cross-border commercial disputes. In particular, it examines the question of how such a court must be designed in order to meet the requirements of European Union law and German constitutional law on the one hand and to be considered an attractive forum from the parties' perspective on the other.

»Fundamental Social Rights without Principles or Balancing. Developed with an Example in the Fundamental Right to Social Welfare in Brazil«: The present study is critically concerned with the reception of Robert Alexy's theory of principles as a model of dogmatics for fundamental social rights in Brazil, based on the differences between Germany and Brazil, from the point of view of positive constitutional law. In response to this inadequacy, general lines for a dogmatic of fundamental social rights in Brazil will be proposed in dialogue with the category of >Grundrechtsausgestaltung

»The Limits of Self-Defence in Germany and Selected Slavic Countries; A Legal Comparison with Special Regard to the Views of the Population Towards Self-Defence in Germany and Slovenia«: This thesis deals with the limits of self-defence and compares German self-defence law with the regulation in selected Slavic countries. In addition, the views of the Slovenian population on self-defence are empirically examined and contrasted with the views of Germans obtained in the Dresden self-defence study. The work confirms the comparatively sharp self-defence law in Germany and proposes a future regulation for Germany and the EU Model Penal Code.

»Pursuit of the Common Good by Private Individuals (with Main Focus on the Energy Sector)«: The question of tasks' distribution between the state and society has been subject of scientific research for a long time. This study is dedicated to the follow-up question (with emphasis on the energy sector), namely how private individuals are bound to the common good when they act in the common good's interest. The study identifies improvement options and analyzes whether the current regulatory framework is suitable for safeguarding the fulfillment of public duties by private individuals in the sense of achieving the common good.

»The complaint for undue delay and the claim for compensation in accordance with sections 97a et seqq. of the BVerfGG«: After several rulings of the ECHR against Germany for violations of the right to a reasonable duration of proceedings, the legislature enacted in 2011 a law on legal protection in the case of overlong court proceedings, which did not spare the Federal Constitutional Court. More than ten years after the adoption of the regulations of the sections 97a et seqq. of the BVerfGG, the author examines and evaluates the provisions in relation to the European Convention on Human Rights and the Basic Law.

»Fake News as a Challenge for German Criminal Law«: With the freedoms of the Internet also came its darker side: For a long time now, fake news have not only manipulated election campaigns, but have also been a constant companion in the fight against pandemics, in diplomatic relations or, for example, in the capital market. By means of a detailed study, the multifaceted actual specifics of the phenomenon are shown, the insufficient defensibility of German criminal law is revealed, and specific drafts of legal reforms are presented.

»Capital Protection under Stock Corporation Law according to ARUG. The Post-founding as a Hybrid Instrument for Capital Protection and its Relationship to the Hidden Contribution in Kind«: Although the doctrine of the hidden contribution in kind and the post-founding are very old legal figures of company law, their relationship can still be regarded as unclear today. According to ARUG 2009, there is a conflict of legal consequences between the effectiveness of hidden contributions in kind (Section 27 (3) AktG) and the ineffectiveness of the post-founding (Section 52 AktG). The author carries out a (re-)determination of the relationship between these legal figures of company law.

»Match Fixing through Bribery in Sport. An Investigation into Sports Betting Fraud and the Manipulation of Professional Sports Competitions According to §§ 265c - 265e StGB (German Criminal Code)«: Due to the increasing commercialization and the economically attractive profit opportunities, sporting competitions are threatened by match fixing. The thesis examines the criminal offenses introduced by the 51st StrÄndG in 2017 (§§ 265c and 265d StGB). This investigation comes to the conclusion that, due to the restrictive interpretations for the indefinite features, the areas of application of both facts should be narrower in practice than provided by the legislature.

»The System of Factory Farming in Constitutional Law«: Public opinion is increasingly critical of animal husbandry. This dissertation analyses the »factory farming system«, the central area of agricultural policy, from the perspective of constitutional law. The key goal of this investigation is to assess whether factory farming is compatible with the fundamental right to physical integrity as well as the protection of the natural foundations of life and animals as well as its impact on other fundamental rights through zoonoses, such as COVID-19.

»Interpolation as an Ability-to-Pay-Compliant Refrain from Taxation. An Analysis of the Interpolation of Tax Exemption Provisions in Real Estate Transfer Tax Law«: Interpolation is a method developed by the Federal Tax Court to apply tax exemptions of the Real Estate Transfer Tax Act beyond their wording. The work raises the question of a methodologically and systematically viable reasoning for this. Based on the justification of the real estate transfer tax against the constitutional background of the ability-to-pay principle, the work develops its own approach to interpolation, for which the tax exemptions are categorized according to their function.

»Driving a Vehicle in Criminal Law. A New Dogmatic Approach Examining the Criminal Responsibility of Users of Automated Vehicles«: The thesis systematically examines the act of driving a vehicle by taking highly and fully automated driver assistance systems into account. In addition to an analytical perspective on the task of driving a vehicle, the casuistic jurisprudence is critically evaluated. In conclusion, a definition is proposed that defuses the dogmatic problems that have arisen. Besides, fundamental thoughts regarding the dogmatics of the abstract strict liability tort are expressed.