Bücher veröffentlicht von Duncker & Humblot GmbH

»On Speaking and Silence of Prison Doctors. A Criminal Law and Criminal Procedure Consideration«: This thesis examines the question of whether prison doctors are obliged or authorised to inform law enforcement authorities of facts they have learned during the course of their work. The main focus is put on Section 114e of the Code of Criminal Procedure (StPO) and its regulatory addressee is determined by interpreting the norm. In conclusion, prison physicians are neither obligated nor authorized to provide information to law enforcement authorities.

»The Cross-Border Division of Corporations within the European Union«: This work provides an interdisciplinary tax analysis of the rules governing the taxation of cross-border divisions of EU-corporations that are covered by the scope of Section 15 of the German Reorganization Tax Act. Critical deficits of the rules are analysed and reform considerations are developed on the basis of identified economic and EU law principles as well as in accordance with constitutional law.

»The Validity of Decorative Repair Clauses and the Legal Consequences of their Invalidity. A Study Taking into Account the Requirements of Directive 93/13/EEC«: The thesis deals with contract terms on cosmetic repairs in rental agreements governed by German law. The validity of and the case law regarding such terms are examined in detail. Particular consideration is given to the requirements of the Unfair Terms Directive 93/13/EEC. The study also deals with the legal consequences resulting from the determination of the invalidity of cosmetic repair terms.

»Special Company Law in the Financial Sector. Supervisory Regulation of the Corporate Governance of Rating Agencies, Benchmark Administrators, Central Counterparties and Central Securities Depositories«: This thesis examines four EU regulations which impose special regulatory requirements on the corporate governance of rating agencies, benchmark administrators, central counterparties and central securities depositories. Its main goal is to identify conflicts between these requirements and German company law. The main conclusion is that a »special company law in the financial sector« is emerging within the scope of application of the regulations.

»The Federal Convention Between Appointment and Election. Constitutional Classification and Constitutional Questions of the Electoral Procedure«: According to the Federal Constitutional Court in its two judgements from 2014, the election of the Federal President is an appointment. This cannot be followed: The Federal Convention is rather a »mixtum compositum« body, which combines elements similar to a parliament as well as to an appointment body. This has profound consequences, among others, affecting the session chair, the right of its members to make a statement as well as to file motions, and for the execution of future Federal Conventions.

»The EUTM Principle of More than Mere Local Significance«: The relationship between the EUTMs and national trademarks has always been controversial. The EUTM principle of coexistence requires that the requirements for genuine use and enforcement of the EUTM meet a certain standard of significance that justify the EU-wide effect of the EUTM and allow national trademarks to coexist with the EUTM in a balanced relationship. The minimum of this standard of significance is the legal term »of more than mere local significance«, Art. 8 (4) EUTM Directive.

»Law and Economics in all his facets«: The Festschrift pays tribute to Klaus Mathis' invaluable contribution at the interface of law and economics and constitutes a coherent reference work for the economic analysis of law. Fundamental thoughts on efficiency, justice and interdisciplinarity are followed by contributions in five areas of application of a law and economics perspective: corporate responsibility, environment, digitalization, economic and social policy, and consumer and insurance protection

Dieser Band eröffnet die Reihe 'Beiträge zum chinesisch-deutschen Rechtsdialog' und ist selbst das Produkt eines mehrjährigen Dialogs. Er soll zu einer weiteren Diskussion einladen und - trotz der immer wieder auftretenden Unmöglichkeit einer allein seligmachenden Übersetzung - dazu beitragen, zu einer gemeinsamen Sprache zu finden, die es beiden Gesellschaften ermöglicht, Konflikte, wo möglich, zu vermeiden und da wo sie unvermeidbar sind, diese in gemeinsamem Interesse zu bewältigen.

»Subjectivity to Fundamental Rights within the State Body«: The discourse on fundamental rights of state-supported legal entities gathers momentum again in the light of German nuclear- and coal-based energy exit plans. The thesis takes this as an opportunity to critically assess the Federal Constitutional Court's case law. It argues for a reorientation of the interpretation of Article 19 (3) of the German Constitution on the basis of the typical risk situation of state-supported entities, which ensures connectivity in the European multi-level system.

»Regulation of Temporary Agency Work in the Light of Union and Constitutional Law«: The author analyzes the determinants of temporary agency work under EU and constitutional law and examines problematic regulations in this regard. The study reveals that only a few regulations follow from the Temporary Agency Work Directive or protection obligations. The author therefore comes to the conclusion that the regulatory system of the AÜG is essentially in conformity with the EU law and the constitution. At the same time, he appeals to the legislator in view of existing regulatory gaps.

»Communication to the Public. The CJEU's Interpretation and Impact on German Copyright Law«: The work deals with the CJEU's sometimes difficult-to-handle interpretation of the right of communication to the public and the associated impact on national application. In addition, the work also addresses the European copyright reform and the controversial Article 17 of the DSM Directive. Finally, the results of the work are subjected to a practical test using the example of search engines and uses in social media.

»Administrative Automation 2.0 - Automated Issuance of Administrative Acts and Administrative Discretion«: The study deals with the automated issuance of administrative acts from a legal-dogmatic, legal-theoretical, and technical perspective. The automation-related regulations in VwVfG, AO and SGB X are systematically analyzed, and the need for changes in legal policy is then identified, taking into account legal-theoretical and technical findings. The focus of the study is on the relationship between automated administrative acts and administrative discretion.

»Constitutional State and Constitution«: The study outlines a constitutional theory of the liberal democratic constitutional state with independent constitutional jurisdiction. It builds on the conviction that constitutional theory does not have to start with the concept of the constitution, but with a certain type of constitutional state. From here, three objects can be distinguished that lie behind the constitutional concept: the text, the law and institutionalised practice.

»Gottlieb von Jagow and the war guilt question, 1918-1935«: Gottlieb von Jagow (1863-1935), Germany's top diplomat between 1913 and 1916, was a major figure in the debate on German war guilt. In 247 documents this book presents his virtually unknown activities after 1918 in collaboration with the Ministry of Foreign Affairs as well as his wide network of diplomats, historians, and publicists. They also illustrate Jagow's role as an archetypical figure of the former Prussian-German imperial representatives. These documents allow for a clearer, more focused analysis of events and figures and offer new insight about Jagow himself.

»The European Convention on Human Rights and Separation of Powers. Human Rights Requirements for the institutional law of the Convention states«: Based on the case law of the European Court of Human Rights on the right to vote, the right of access to the courts, the general reservation of the law and individual freedoms, the author analyses the objective requirements for the separation of powers and the institutional competences in the Convention states. The work presents the Conventions requirements for the institutional organisation of parliaments and courts as well as for the legal status of members of parliament and judges.

»Involvement. Participation. Injustice. Women and the UstaSa Movement«: The book details for the first time the political stances and courses of action taken by female activists of the Croatian fascist UstaSa Movement, as women were also deeply entrenched in the founding, formation and therefore the crimes committed by the Independent State of Croatia between 1941-1945. From a dual perspective of how women were seen by the UstaSa and which roles they actually played, the author explores which feminine ideals were propagated by the UstaSa state and to what extent women fulfilled them. Interviews with prominent members of the UstaSa Movement have furthermore shed light on how female supporters of the UstaSa Movement look back on and evaluate their past.

»Between Contrat de Mandat and the Principle of Abstraction. The Principles of Representation in Judicial Practice of Alsace-Lorraine from 1871 to 1900«: In his study, Moritz P. Bach examines the judicial practice in Reichsland Alsace-Lorraine at a place where and time when the German ADHGB from 1862 clashed with the French Code Napoléon from 1804, both conveying very different principles of representation in civil law. After a comparison of aforementioned legal texts, the author uses case law analysis to verify that Alsacian courts interpreted and developed French law according to the German ADHGB and its categories.

»The Error in Foreign Trade Criminal Law«: This work deals with the controversial question of the treatment of error in criminal economic law in relation to unlawful acts that are accessory to administrative or Union law. The insights gained from the investigation are applied to the special subject of foreign trade criminal law. Misconceptions about the existence of the legal norm that fills the blanket and about the need for authorisation of an action are not to be treated as errors about the facts of the offence, but as errors about prohibition.

»Rent Regulation and Constitutional Law. Especially Regarding the Question of the Admissibility of a Rental Stop«: The thesis analyses the legislative competence for public rental control especially based on the rent cap introduced in Berlin. The ruling of the Federal Constitutional Court on the rent cap in Berlin is analysed and reviewed in a critical way. The thesis also investigates the compatibility of a rental stop with basic rights, particularly the limits which result from Art. 14 of the German Constitution. Finally the thesis presents a proposal how to introduce a rental stop.

»Compliance and Stakeholder. Compliance in the Public Reporting of International Companies«: Alongside a wide range of legal and economic incentive structures for setting up a compliance management system, this thesis also analyzes the external compliance communication of Euro Stoxx 50 and Dow Jones companies to stakeholders, such as investors or business partners, by evaluating their annual and sustainability reports. As part of this, numerous qualitative examples of the public presentation of compliance objectives and measures are highlighted.

»Trade Secret Protection of Public Companies Using Legal Forms of Private Law«: The study is based on the question of the extent to which the protection of trade secrets of public companies using legal forms of private law is constitutional. This constitutional embedding of trade secret protection is developed, on the one hand, on the basis of the protection under regulations of private and public law and, on the other hand, on the basis of the limits of public control.

»The Concept of Unions under the Co-Determination Act of 1976 as Determined by the Constitutional Right of Freedom of Association«: Against the background of the realization that corporate co-determination is enshrined in Article 9 (3) of the German Constitution as a fundamental right of equal rank to collective bargaining autonomy, this dissertation elaborates the constitutional requirements for the simple legal formulation of corporate co-determination through the Co-Determination Act of 1976 (MitbestG). These then form the basis for a constitutional interpretation of the concept of unions under the MitbestG.

»Work on call pursuant to Sec. 12 of the German Part-Time and Fixed-Term Employment Act (TzBfG). Fulfilment of the government's protective duties with particular consideration to the legislative amendment that came into force on January 1, 2019«: Work on call pursuant to Sec. 12 TzBfG is a form of work in the predominantly interest of the employer in which the work is to be performed according to the workload. It is examined to what extent the legislator has fulfilled its governmant's protective duty regarding the development of compensatorty regulations in favour of the on-call workers and the strengthening the protection of workers through the legislative reform that came into force on January 1, 2019.

»The Landlord's Lien de lege lata et ferenda. A Critical Revision of the Statutory Security Model«: The paper deals with the hitherto unsettled architecture of today's landlord-tenant lien law and the question whether the statutory provisions should be passed into legal history altogether or whether individual variations of a remeasurement and redesign should be retained. The author analyzes §§ 562 ff. BGB in detail from a legal-historical, -theoretical and -dogmatic perspective and also tries to take the economic dimension into account.

»Mortgages and Land Charges. Consistency and Change in Real Estate Financing Law. A Historical, Legal, and Practical Revision of Mortgage Polymorphism and Legal-Empirical Examination of its Socioeconomic Phenomenology«: The dissertation studies real estate financing instruments like mortgages, land charges, and the impact of the German Risk Limitation Act (2008) on real estate credit. A self-conducted study compares registrations of land charge and mortgage rights from 2000 to 2021. Land charges dominate security, while mortgages and certificate-based pawns decline. The dissertation analyzes real estate financing principles, reinterpreting mortgages and land charges. The Risk Limitation Act is critically examined.

»The New Regulation of the Transmission of Information between Listed Companies and Shareholders. An Analysis of the Second Shareholders' Rights Directive and its Implementation, under Consideration of the Corporate Governance Function of Shareholders«: Shares in listed public companies are held in custody by intermediaries. Especially in a cross-border context, the complexity of intermediary custody often leads to frictions in the transmission of information between the company and its shareholders. The 2nd Shareholders' Rights Directive addresses this problem. The paper analyses the European provisions on the transmission of information as well as the German implementation provisions in the German Stock Corporation Act.

Die Ideen von Ludwig von Mises, dem Vorkämpfer für den Liberalismus, haben gerade angesichts der ordnungspolitischen Debatten der Gegenwart nichts an Aktualität eingebüßt. In seinem Hauptwerk von 1912 legte er nicht nur eine Fundierung der Geldtheorie vor, sondern befasste sich auch mit den Auswirkungen der Geldordnung auf Wirtschaft und Gesellschaft. Seine Warnung vor dem Glauben, Inflation durch Wunderkuren schmerzlos beseitigen zu können, ist heute ebenso aktuell wie die Einsicht, dass eine liberale Wirtschaftsordnung ohne stabiles Geld auf Dauer nicht lebensfähig ist.Das Werk liegt nun in einem unveränderten Nachdruck der überarbeiteten zweiten Auflage von 1924 in dritter Auflage vor.

»Titel: Taxation as the Foundation for Democracy and the Rule of Law«: Taxes are considered the »price of freedom« and a necessary financing instrument of modern democratic states. This book aims to present the relationship between taxation and the state system of liberal democracies from a tax law perspective. Throughout this investigation, the legal, ethical, and economic values of a contemporary tax state will be revealed by applying research methods of legal theory.

»Distant Justice? Challenges in The National Prosecution of International Crimes«: What challenges does the decentral enforcement of international criminal law pose for national justice systems and how can these be overcome? The anthology »Distant Justice?« brings together scholars from various disciplines and representatives from all areas of judicial practice in order to discuss the particularities of national core crimes proceedings and to lay the foundation for an empirically and scientifically sound further development of national international criminal procedure law.

»Authority and Indoctrination. On the Logic of Ideocracies II«: This volume centers on the analysis of ideology-driven dictatorships (Ideocracies) and, inspired by critical rationalism and its procedures of critical verification, offers reflections on a critical theory of totali-tarianism. Research on totalitarianism encompasses the analysis of totalitarian dictatorships as well as forms of totalitarian thinking and respective modes of problem solving.