Bücher veröffentlicht von Duncker & Humblot GmbH

»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.

»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.

»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.

»The Legal Custody of Persons of Full Age in the Tension between Services of General Interest and the Power of Representation. A Historical-Critical Analysis«: The new German law on legal custody of persons of full age has been in force since January 1st, 2023. The author critically examines the changes in the law, considering historical developments and the tension between the right of representation and services of general interest. In doing so, he finds that the German legislature will no longer be able to keep up with societal developments, like lack of volunteers, if social and civil law support systems are not finally being thought together.

»Duties of Care of Providers of Digital Services with Special Reference to E-Commerce Platform Operators in the People's Republic of China«: In view of the increasing number of online infringements, e-commerce platform operators and other network service providers in the People's Republic of China are the target of new regulatory efforts by the Chinese legislature. The study traces the development of their legal responsibility and, in particular, sheds light on the extent to which a trend toward increased liability has taken place in recent years.«

»Security Order in Europe. Post-End-of-History Perspectives«: Following a conference in Aachen, this anthology focuses on legal perspectives on and political and social backgrounds of the Russian attack against Ukraine. The chapters cover a wide range of issues such as a public international law analysis by a former ECHR-judge and a report on the ICC-investigations. The book includes an English-written chapter that suggests a new approach towards stabilized de-facto regimes.

»Voting Agreement in a Listed Family Business. The Tense Relationship between the Tax Exemption under Sec. 13a and 13b of the German Inheritance Tax Act and Mandatory Offer under Sec. 35 (1) and (2) of the German Securities Acquisition and Takeover Act«: The conclusion of a voting agreement in a listed family business may result not only the tax exemption under Sec. 13a and 13b of the German Inheritance Tax Act, but also a mandatory offer under Sec. 35 (1) and (2) of the German Securities Acquisition and Takeover Act. This thesis provides suggestions to enable practitioners to better coordinate that these two legal consequences do not coincide. In addition, a reform of the tax exemption under Sec. 13b (1) No. 3 of the German Inheritance Tax Act is proposed.

»Sport Homologation«: This thesis examines the certification process of sports federations for sports equipment used in their sport. The certification ensures the safety and equality in each sport. Homologation restricts competition in the procurement markets for the respective sports equipment as well as in the sub-markets for competitive sports equipment. This book then examines in detail the conditions under which these restrictions can be justified.

»The Judicial Protection against Interventions in Fundamental Rights. A Comparative Law Analysis«: This research deals with judicial protection against interference with fundamental rights during criminal investigations. Based on a comparison of the Colombian case and the German criminal procedure model, it examines the shortcomings of the normative and judicial treatment of the reasonable grounds (motivos fundados) for a criminal investigation in Colombia. The result offers a strict and systematic interpretation of the reasonable grounds as the main basis of the system of judicial protection.

»The Participatory State. Participation in Public, Administrative and Procedural Law«: More than fifty years have passed since the participation debate began, yet there is no overarching constitutional theory of participation that encompasses all three branches of government. Dominik Steiger fills this lacuna with his »theory of imperative participation« that is based on the separation of powers doctrine and shows how participation by the people and individuals must be conceptualised to enhance the legitimacy of public authority.

»Carl Schmitt / Roman Schnur. Correspondence 1951-1983«: Roman Schnur (1927-1996) read Schmitt's »Constitutional Doctrine« already as a high school graduate and thus became a »Schmittian« who did not avoid any controversy. The correspondence lives above all from the common interest in French legal history. With this, as well as with his later turn to the East, especially Poland and Hungary, and the emphasis on a European legal tradition that was still alive here despite Sovietization, Schnur was a solitary figure.

»Financial Contracting in Venture Capital illustrated through Crowdinvesting. A Legal, Empirical and Economic Study of Crowdinvesting in Germany and Analysis of the German Crowdinvesting Market«: The thesis examines the legal basis and regulatory framework of equity crowdfunding in Germany. Drawing upon established concepts used in venture capital contracts, it proposes solutions to address agency problems arising in the financing relationship between investors and start-ups. Moreover, based on a quantitative analysis, the author introduces investor protection indices, as known from law and finance research, to assess the evolution of investor protection within the German market.