Bücher veröffentlicht von Duncker & Humblot GmbH

»Data Collection in the Investigative Process and Constitutional Restrictions«: Even under today's technology conditions authorization norms for data collection in criminal investigation should be designed according to the principles of clarity and proportionality. However, recent developments in Germany and South Korea have been overly skewed towards effective criminal investigation. New investigative measures should be actively accepted parallel to the change in reality, but at the same time, procedural controls to prevent excessive violation of character should also be secured.

»Model Case Procedures by Consumer Associations in Conjunction with European and German Principles of Procedural Law«: Consumers tend to refrain from seeking legal redress where companies violate the law through unfair practices. These practices often harm a large number of consumers. The high costs of bringing legal action and other uncertainties deter consumers from enforcing their rights. The German legislator introduced a model case procedure that allows consumers to seek collective redress. This paper examines the question of whether mass damage events can be handled effectively and in a procedurally economical manner through model case procedures.

»Specification of Parity for the List of Candidates in Parliamentary Elections. An Enquiry in Terms of Constitutional Law«: The author examines the fundamental admissibility of specification of parity for the list of candidates in parliamentary elections in terms of constitutional law. Considering foreign alternatives, he also reviews the actual sex ratio in parliaments and political parties and offers suggestions of an approach to achieve parity in parliament. The main focus of the discussion is the analysis of these suggestions regarding their constitutional admissibility, also considering factional regulations.

»Criminal Justice in Saarland. National Socialist Criminal Law in the Case Law of the Sondergericht (Special Court) Saarbrücken from 1939 to 1945«: Using the example of the »Sondergericht Saarbrücken«, the study analyses procedural files to determine whether and to what extent the criminal justice system in the Saarland was determined by National Socialist ideology during the National Socialist regime. For this purpose, the death sentences passed by the court are subjected to a detailed content analysis in order to prove the respective ideological imprints and to reveal the involvement of the judiciary in the terror system of the Nazi state.

»The Surveillance of Content Data of E-Mails. Constitutional and Criminal Proceeding Aspects of an Investigative Measure with Special Consideration of the Fundamental Right to Protection of the Integrity and Confidentiality of Information Technology Systems«: How is an e-mail protected during the various stages of its transmission by the German Constitution and what does this imply for the applicability of existing criminal procedural requirements? The author analyses these questions with a special view to the requirements of the fundamental right to protection of the integrity and confidentiality of information technology systems and shows significant shortcomings with regard to the existing legal basis in the law of criminal proceedings.

»Fundamental Rights of Artificial Intelligences«: Artificial Intelligence (AI) is partially entitled to fundamental rights. This counterintuitive result is the central hypothesis of the exploration, which is supported by an interdisciplinary, theoretical and dogmatic framework. However, the position of AI is not comparable to those of humans. The author develops a model to show in which circumstances AI is entitled to fundamental rights under the Grundgesetz. This model may also serve as a basis for the regulation of AI.

»Data Privacy in the Catholic Church at the Crossroads of the Freedom of Religious Societies and European Data Privacy Regulations«: With the introduction of the General Data Protection Regulation (GDPR) the European Data Privacy framework has been revamped. This book describes the implementation of the European Data Privacy rules within the Catholic church. Against the backdrop of the German constitutional framework the author puts this in the context of the European Data Privacy legal framework and describes the specifics of the implementation within the Data Privacy regime of the Catholic church.

»Hostels in the Kempten Princely Abbey - A Contribution to the Dogmatics of Bavarian Condominium Ownership«: Hostels, or in the old right herbergs, are relics of a bygone era that still live on within the conti-nental European legal sphere. The work focuses on the history of the hostels in the Kempten Princely Abbey, but it has also the character of a contribution to European legal history. The focus of the legal dogmatic treatment is the Bavarian hostel law. With the detailed treatment of federal law with regard to condominium ownership, the work also prepares the applicable law in Germany in a generally manner.

»The Civil Service of the Direct Federal Administration in the Budget Cycle. A Budgetary Law Study with Special Consideration of the Civil Servant Relationships and the Employment Relationships of the Federation«: The thesis contains a systematic jurisprudential analysis of where and how the public service gains importance in the budget cycle and which budgetary law implications arise for civil servant and employment relationships. To this end, the individual phases of the cycle - the preparation, execution and control of the budget - are examined one after the other. This is preceded by a brief overview of the civil service, which lays the foundations for the following analysis.

»The Denial of Historical Facts as a Criminal Offense: an International Comparison«: The dissertation examines the denial of historical facts from a comparative law perspective. What is the purpose of punishment and does it include the denial of historical facts? When denial incites to violence, personal security, >freedom from fear< and the right of minorities to free development of personality are worthy of protection. Constitutional aspects, especially the compatibility of § 130 (1, 3) of the German Criminal Code with the freedom of expression, are discussed in detail.

»The Constitutionality of Restrictions Regarding the Offsetting of Losses with Income from Capital Assets«: Preliminarily, this thesis addresses the constitutional standards regarding the restrictions for offsetting of losses, in particular as these pertain to the fundamental rights to equality and freedom. The core of this publication examines the constitutionality of Paragraph 20 (6) of the Income Tax Act. The author concludes that only sentences 1-3 of Paragraph 20 (6) of the Income Tax Act are compatible with the fundamental right to equality, whereas sentences 4-6 are unconstitutional.

»Shareholder Loans in the Context of Private Equity Transactions«: The granting of shareholder loans plays an important role in the context of leveraged private equity transactions and becomes particularly significant in the event of the company's insolvency. On the basis of the systematics of shareholder loan law and the statutory level of creditor protection, the paper explores the limits of any special treatment of shareholder loans in leveraged private equity transactions under insolvency law, taking a look at the typical practical constellations.

»Investment Control in Foreign Trade Law«: Investment control has experienced a considerable increase in importance in M&A transactions, as it has been constantly adapted to real economic conditions and successively tightened. The result is a partially inconsistent review regime that contains value contradictions and creates legal uncertainties. In a comprehensive approach, this doctoral thesis analyzes the problems of the current investment control regime and states concrete reform proposals.

»The Compulsory Portion as a Disruptive Factor in Corporate Succession«: The work analyses the effects of the compulsory portion on company succession. Part I examines the functions of the compulsory portion and answers the question of whether it can be restricted within the framework of company succession. Part II outlines company succession and examines the effects of certain clauses on compulsory portion claims. Subsequently are outlined the reasons why the compulsory portion is regarded as a disruptive factor in corporate succession. The current legal situation does not offer any special protection of the existence of companies, which is why there is a need for reform.

»The Assertiveness of Interest Groups of People with Disabilities. Process Tracing of the >Bundesteilhabegesetz

»Ethical Standards in Sales Law. Standards not Affecting the Physicality of the Goods in the Purchase under CISG, §§ 433 et seq. BGB and Directives 1999/44/EG and (EU) 2019/771«: What role do ethical standards (e.g. child labor free production) play in the purchase of goods under the CISG, German Civil Code, Directive 1999/44/EC and Directive (EU) 2019/771? This thesis shows that the conformity concepts of the examined sales laws include success-oriented product-related ethical standards without effects on the physicality of the goods. Subsequently, the contractual consequences of using ethical standards as well as the concrete remedies in case of violation are examined.

»Underage Marriages in National and International Family Law. A Critical Examination of the Law to Combat Child Marriage«: The »Law to Combat Child Marriage« of 2017 intended to provide comprehensive protection for the minors affected. However, constitutional concerns have been raised in particular against the newly introduced Article 13 (3) no. 1 EGBGB, which is currently under judicial review by the German Federal Constitutional Court. The thesis deals with the legal treatment of underage marriages in the context of national and international family law presenting and resolving the problems resulting from the new law.

»Dependents's Pain Compensation«: German civil law has been extended to include the right to Dependents's pain compensation. Thus, for the first time, there is a claim to non-material compensation for the infliction of emotional suffering. The thesis examines the conditions for entitlement to Dependents's pain compensation. In addition to the group of persons entitled to Dependents's pain compensation, the thesis deals in particular with the question of the extent to which non-material compensation in money can be assessed on the basis of the death of a close person.

»Artificial Intelligence and Corporate Governance. The Use of Artificial Intelligence in the Management Board of Listed Stock Corporations«: Artificial intelligence (AI) regularly represents a competitive advantage in listed stock corporations. It is therefore essential that the management board can use this without liability risks. The author first addresses the question of the permissibility of the complete substitution of the management board by AI. He then paves the way for the legally secure delegation of tasks to AI by developing fundamental guidelines for the avoidance of violations of the board's duties.

Private Investigations in Transition. Phenomena Unobjectionable to the Rule of Law?: Vera Prechtel examines private investigations against the background of the criminal defendants'/defence rights. She differentiates between the various types of investigations and analyzes the extent to which private investigations not only represent an opportunity for the defence, but may also conflict with minimum requirements of the rule of law, especially when private investigators act as de facto auxiliary bodies or according to instructions from the prosecution authorities.

»Acquisition of Ownership Under the Law of Obligations? A Plea for a Teleological Extension of § 937 BGB«: If the vindication claim is no longer enforceable, ownership and possession fall apart permanently. This unfortunate legal situation can be caused, among other things, by the statute of limitations of the vindication claim, the sending of unsolicited goods and the claiming of damages instead of the vindication claim. The author examines the solutions considered so far and also introduces the teleological extension of § 937 of the Civil Code into the discussion.

»Protection of the Pecuniary Elements of the Post-Mortem Personality Right from the Chinese Background«: This thesis deals in depth with the post-mortem right of personality, in particular with the pecuniary elements. In addition, the author attempts to answer important questions about post-mortem personality rights. On the basis of a comparative study with German personality law and the findings of the economics, the deficits of Chinese legislation on post-mortem personality law are pointed out and suggestions for improvement presented.

»A Matter of Law or a Matter of Honour? Authorship and Plagiarism in Science«: For which purpose do (scientific) texts indicate their author? What qualifies a person to claim authorship and what is the difference between original and plagiarism? The work of Jonas Völkel is dedicated to exploring the prevailing concepts of authorship and plagiarism. It offers an independent perspective and aims to create an informed and objective understanding in order to find a just and purposeful (legal) approach in practice.

»Publicity of Municipal Sessions and its Exceptions. Need for Justification or Privacy as a General Rule«: In her work, the author analyzes origin, role, reach, and limitations of the constitutional prinicpal of publicity of sessions for meetings of municipal councils. Considering differences between the German states, organizational requirements of such sessions are examined. Based on a definition of publicity of session, it is analyzed whether there is a violation against it, and what could be legal consequences.

»Liability for Image-Based Sexual Harassment. A Phenomenological and Criminal Analysis of so-called Image-Based Sexual Abuse«: The thesis includes a phenomenological and criminal analysis of so-called image-based sexual abuse. In this way, the author shows discrepancies in the current liability for various imagebased sexual harassment (e.g. revenge porn, upskirting, sextortion, deep-fake pornography) under German criminal law. Based on this, the author proposes a future legislative proposal for German criminal law.

»E-Examination and Electronic Distance Examination. Legal Issues of the Conversion of University Examinations to Modern, Digital Examination Formats«: This book deals with the design of a digitalised examination system from a legal perspective in two parts and compares the existing opportunities and risks. The first part examines the introduction of e-exams in the state law examination by way of a legal feasibility study. In the second part, the authors discuss the legal basis of online proctored examinations with video surveillance and their complex constitutional balancing issues.

»The German >Free Democratic Basic OrderEternal Core< of the German Constitution«: The >Free Democratic Basic Order< was created as eternal core of the German constitution against the atrocities of National Socialism and Stalinist communism. It is to protect against any return to arbitrary and violent totalitarianism or authoritarian rule. Yet, how it can be construed consistently, is still unclear. Hence, a model is presented on the basis of the Theory of Principles, normative and historical context and functional requirements of human dignity, plurality, progress and peace.

Der Einsatz von mobilen IT-Geräten ist im Privat- und Arbeitsleben kaum mehr wegzudenken. Während früher eine klare Trennung zwischen privaten und dienstlichen IT-Geräten vorherrschte, verwischen diese Grenzen heute zunehmend. Immer mehr Arbeitnehmer möchten auf die Nutzung ihrer privaten Mobilgeräte am Arbeitsplatz nicht mehr verzichten, sondern private Kommunikation und dienstliche Aufgaben von einem einzigen Gerät aus erledigen. Diskutiert und zusammengefasst wird dieser Trend unter dem Schlagwort »Bring Your Own Device« (BYOD).Christine Monsch widmet sich der Problematik, welche rechtlichen Anforderungen eine BYOD-Konzeptionierung und deren Ausgestaltung notwendig zu erfüllen hat, um einen rechtswirksamen Einsatz der Privatgeräte im Unternehmen zu gewährleisten. Im Fokus stehen arbeitsrechtliche Aspekte, wie Kosten- und Haftungsfragen, arbeitszeitrechtliche Regelungen sowie die Mitbestimmungsrechte des Betriebsrats. Die Autorin analysiert darüber hinaus auch die Fülle an telekommunikations- und datenschutzrechtlichen Problemkreisen sowie die lizenz-, straf- und steuerrechtlichen Fragestellungen und unterbreitet Vorschläge für ein praxisgerechtes BYOD-Regelungswerk.

»Origins and Practices of German Merger Control. An Investigation of Proceedings of the Chemical Industry before the Bundeskartellamt (i.e. Federal Cartel Office) (1973-1989)«: The work reconstructs the development of the German merger control and is able to elaborate the respective practices of the Bundeskartellamt (i.e. Federal Cartel Office) on the basis of numerous procedural files made available to research for the first time. The reasons for the enactment of merger control after World War II in Germany are explored, and the formal and informal practices of the Bundeskartellamt officials in prohibition proceedings concerning mergers are illuminated.