Bücher veröffentlicht von Duncker & Humblot GmbH

»Constitutional Possibilities and Limitations of Police Data Transmissions to Private Parties«: The transfer of personal data to private parties by the police is of considerable relevance to the fundamental rights of the data subject, as there are hardly any instruments for controlling the further use of the transferred data. The thesis examines whether the current federal and state police laws in Germany meet the resulting constitutional requirements.

»Prize Competitions«: Prize competitions are an instrument for the economic procurement of services. The person promising the reward can use prize competitions to call for various services from the participants, but only must pay for the services used. Prize competitions are unilateral legal actions. The participants must participate in the transfer of rights to the competition entry. Prize competition contracts are a response to the functional weaknesses of unilateral prize competitions.

»Systemizing European Civil Procedure Law. Opportunities and Limitation of Consolidating the Core Regulations of European Civil Procedure Law«: The author focuses on the core regulations of European Civil Procedure Law that do not require exequatur, examining possibilities for harmonization in light of their respective underlying concepts for eliminating intermediate procedures. The author analyzes the relationship between the examined regulations, highlighting areas where legal acts complement, refer to or compete with each other. She identifies existing regulatory incongruities, discusses them and develops an alternative solution concept in form of a specific norm proposal.

»Procedural Climate Protection. >Climate< as a Protected Good in Environmental Impact Assessment«: The procedural concept of environmental impact assessment has existed today for over 30 years. Against the background of current challenges, the author turns to the question of the extent to which environmental impact assessment can be made fruitful for global climate protection. The author shows that global climate is part of the task profile of an environmental impact assessment. Based on the practical difficulties identified, the author recommends the use of the scope model to operationalise the legal obligations.

»Thresholds in the Multi-Level System of European Electoral Law«: After the German Federal Constitutional Court declared first the 5%- and then the 3%-threshold of the national electoral law for the European elections unconstitutional in two controversial rulings from 2011 and 2014, the European elections in Germany take place without such a provision. In light of a European initiative to introduce a binding threshold through EU law the study analyzes the requirements that exist for the introduction of thresholds in the multi-level system of European electoral law.

»Pretrial Detention because of the Seriousness of the Offense in German and Serbian Criminal Procedure Law«: In Germany as well as in Serbia, a suspect can be taken into pretrial detention if he is suspected of a serious crime listed in the statute, even if no other reasons exist for keeping him in custody. The author compares the relevant provisions in both countries and concludes that pretrial detention to prevent an uproar in the population can be justified in Serbia but not in Germany. The difference she perceives is due to the difference between historical and cultural conditions in both countries.

»An Update for the Core Area of Private Life. The Risk of Creating Psychological Profiles in Criminal Online Searches«: According to the warnings, online searches are associated with the dangers of all-round surveillance, total surveillance and the creation of psychological profiles. But what lies behind this investigative measure? What are the actual dangers of online searches? What do they implicate for us and how should we react to them? All these questions will be examined and clarified in this thesis. In doing so, it explains which legislative changes need to be made to meet constitutional and European legal requirements.

»Dental Licensing Law. Constitutional, Administrative and European Law Foundations and Perspectives«: A comprehensive, up-to-date presentation of dental licensing law in Germany. In addition, the historical process of professionalization of the dental profession - reviewed in the European context - is presented. The author describes the requirements for the granting of the license to practice medicine. Furthermore, he analyses its revocation, suspension order or withdrawal, as well as the professional law and professional court procedures. The book promises to become a fundamental work.

»Philosophy of Religion in and after Classical German Philosophy«: The term »philosophy of religion« has only been in use since the end of the 18th century, and the deepening of the philosophy of religion is closely related to the beginning of classical German philosophy. This anthology therefore deals with the insights into the philosophy of religion at the time of classical German philosophy, i.e. with the concepts of Kant, Fichte, Jacobi, Schleiermacher, Schelling, Hegel, the Left and Right Hegelians as well as Marx and Kierkegaard.

»The Violation of Maintenance Obligation According to Section 170 I StGB. Legitimacy Problems of Criminal Liability in the Context of Accessoriness of Civil Law, Competence of Preliminary Questionings and Problematic Legal Consequences - also a Contribution to the Usability of Tax Data«: The study deals with the legal interest that is protected by section 170 I of the Criminal Code and the thereby related legitimacy of a penalty. Furthermore the binding effect of civil court decisions as well as concrete consequences of criminal liability are adressed. In addition, the existing investigative instruments for determining the maintenance debtor's ability to pay are discussed and a possible use of tax data in proceedings according to section 170 I StGB is proposed de lege ferenda.

»Management and Protection of Special Areas of Conservation. A Legal Examination of the Conservation and Protection Obligations under Art. 6(1) and (2) of Council Directive 92/43/EEC with Complementary Reform Proposals«: The thesis concentrates on open legal questions concerning the general protection measures of the European site protection pursuant to Articles 6(1) and 6(2) of the Habitats Directive. These are analyzed in the context of the lack of effectiveness of the measures and legal solutions are developed. Furthermore, the study articulates reform suggestions for the directive's textual framework.

»Total Asset Transactions in Corporate Law«: Section 179a of the German Stock Corporation Act (AktG) imposes a system-alien restriction on the principle of unlimited and unrestricted power of representation applicable to commercial companies for transactions involving the entire assets of a stock corporation. In 1995, the Federal Court of Justice (BGH) extended the scope of application of the norm to include partnership law. This study proves that there is no need for such a cross-legal form of recourse to Section 179a AktG.

»Liability for Intelligent Medical Devices«: The author examines liability risks when using AI-based medical devices. For this purpose, she first analyses the manufacturer's obligations with reference to the European Union Medical Device Regulation. Then she elaborates the medical doctor's duties when using conventional medical devices. On this basis she develops a list of obligations for the use of self-learning medical devices. Finally, the author deals with the draft of the AI Liability Directive published by the European Commission.

»Mutual Trust as a General Principle of EU Law«: The thesis seeks a dogmatic clarification of mutual trust as a general principle of EU law which applies in any area that is subject to EU law. It also sheds light on the challenges that trust-based cooperation is confronted with in light of the so-called »polycrisis« of the Union and points out approaches to stabilize trust-based cooperation even in times of crisis.

Real estate agents are bound to grant consumers a right of cancellation when concluding an online brokerage contract. Consumers thereby can release themselves from the obligation to pay commission in individual cases, even if they conclude the purchase contract. Against this background, the doctorate deals with numerous useful problems and, as a result, advocates a shift away from the obligation to provide information about the right of cancellation when concluding the online brokerage contract.

»The Development of the Concept of Customs Duties in European customs Legislation«: The concept of customs duties is an essential component of European customs legislation. However, there is as yet no uniform definition of the term »customs duties« in the primary or secondary law of the European Union, in the case law of the European Court of Justice, or in the literature. In this context, this thesis examines possible characteristics of the term and the reasons for imposing customs duties. In the process, it considers whether the substantive and procedural provisions of the Union Customs Code are characterized by the »economic concept of customs duties«.

»General Face Veil Bans in France and Europe. An Examination of Human Rights Law, Dogma and Legal Policy, Taking into Account ECtHR Jurisprudence and the >Minimum Requirements for Living Together

»Mass Dismissal Law and Special Protection against Dismissal. A Dogmatic Analysis on the Inclusion of Employees with Special Protection against Dismissal in Mass Dismissal Proceedings«: Since the paradigm shift brought about by the junk case law, mass dismissal law has offered considerable need for discussion. This is intensified by the requirements of constitutional and european law. Against this background, this paper deals with the dogmatic relationship between national and european mass dismissal law on the basis of the question of whether an expanded concept of dismissal is to be applied to employees with special protection against dismissal in conformity with the constitution.

»Data Access in the Context of the Prohibition of Abuse of Market Power«: Due to the enormous increase in the importance of data, this thesis examines antitrust claims for access to third party data. Initially, the requirements of the essential facilities doctrine are examined and applied to data. Subsequently, an examination of the requirements and potential applications of the specific access claim under Section 20 (1a) ARC follows, before possible forms of access are considered.

Der Grundsatz, Unklarheiten gehen zu Lasten des Verwenders von AGB (§ 305c Abs. 2 BGB), soll nach Ansicht von verschiedenen renommierten Kommentaren zum BGB auch für automatisierte Willenserklärungen gelten. Inwieweit diese Ansicht Zustimmung verdient, wird unter Berücksichtigung von Erkenntnissen aus der Rechtsgeschichte der Unklarheitenregel, aber auch unter Rückgriff auf Rechtsökonomie und Rechtsvergleichung hinterfragt und sodann ergründet, ob diese Absicht tatsächlich die juristische Zustimmung verdient.

»Sales Law Remedies for Smart Products. Technical-economic Concepts, Contract Typology, Material Defect and Provison for Cure«: The modified German Sales Law (2022) establishes smart products as an integral part of the new, digitalized contract law. This thesis analyzes what constitutes the subject-matter when it comes to purchasing such IT-enriched goods taking into account current economic concepts of smart products. The author shows an approach on how to assign smart products to a contract of purchase for things without being limited to consumer sales contracts.

»Destruction and Loss in Value of Private Assets as a Loss on Disposal«: Gains and losses on disposal of private assets are subject to taxation if the requirements of § 17, § 20 (2) or § 23 of the Income Tax Act are met. According to the recent jurisdiction of the Federal Fiscal Court, § 20 (2) also taxes the loss in value of a share. Due to this development, the thesis examines whether the loss in value or destruction of private assets - for example the burning of a painting - results in a taxable loss.

»Referendums on Territorial Affiliation with Special Reference to the Referendums after the First World War«: Volume 36 of the Study Group on Politics and International Law is devoted to referendums on territorial affiliation with special reference to referendums after the First World War. In addition to general remarks on territorial referendums, a review of the numerous border referendums in Germany and Austria is given. Furthermore, referendums in the Italian states before unification, in Ukraine and in West Papua are discussed.

»The Living Will. A Critical Analysis of the Legal Regulation with Special Consideration of the Federal Court of Justice's (BGH) Jurisdiction on Specificity«: This study reevaluates legal provisions related to living wills, concentrating on two key aspects: analyzing and evaluating the Federal Court of Justice's (BGH) rulings regarding the specificity of provisions within a living will, and critically evaluating the exclusion of minors from drafting living wills. Concluding, a reform proposal is presented.

»The Anti-Hybrid Mismatch Rules in Sec. 4k German Income Tax Act Based on Selected Structures and Practical Cases with References to Compliance with European Union Law and German Constitutional Law«: The neutralisation of hybrid mismatch arrangements is analysed in this work on the basis of the implementation of the ATAD in Sec. 4k German Income Tax Act. The provision is assessed by practical cases, Union and constitutional law concerns as well as selected criteria of legisprudence, namely efficiency, practicability and effectiveness. In addition, a comparative analysis of the tax systems of selected Caribbean states, countries and territories is undertaken.