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It is nearly ten years since the appearance of the successful first edition of this convenient English-language introduction to the law of Germany. This new edition covers all the significant changes and innovations that have occurred during that period, encompassing the pervasive impacts of European law and of globalisation, the major recent reform of the German Civil Code, and the greatly increased activity of the German legislature in every area. With fifteen lucid chapters written by academic expects in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the legal concepts, customs, and rules arising from such basic elements as the following: characteristic problems of Germany legal unity; principles and practices of constitutional law; administrative law and procedure; the German Commercial Code; formation and conduct of corporations and partnerships; contracts; tort liability; property rights; family law; succession and inheritance; labor and employment; issues of private international law; courts and civil procedure; the penal code and criminal procedure. Introduction to German Law, Second Edition provides an authoritative description of all issues likely to emerge in the course of normal application of German law in any context.
A clear and precise overview of the key aspects of German business law. Written by attorneys involved in the daily practice of business law in Germany, this book is aimed at people who wish to familiarise themselves quickly with the German legal system and the manner in which it influences business purchases, establishment, operations and liquidations. Throughout, special attention has been paid to highlighting and explaining the differences between the German legal system and that of the United States, although the intention is to provide information that will prove valuable to all foreigners, particularly business people and lawyers advising clients with an interest in doing business in Germany.
This book explains the structure and terminology of some of the main areas of German public and private law. Amid the increasing complexity of international legal relations, the book provides a firm reference point for those native English speakers who deal with legal matters in Germany, for those who wish to grasp the nettle of the intricate German legal system and language for the first time and for those who aim to qualify as German lawyers.
This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
National legal systems have their own principles and rules on contract law. The trans-nationalization of trade and legal practice involves acting in the context of legal diversity. This book provides an introductory overview of the main issues of contract law from a comparative perspective, focusing on the legal traditions of civil law and common law. Featuring short theoretical overviews, followed by cases selected from various jurisdictions, the book shows the concrete application of the principles and rules involved. Civil law and common law represent two different models of dealing with contract law issues. The book focuses on the French, German, and Italian experiences and on the English legal system, the latter being the main source of inspiration for other common law countries, with some significant exceptions. Topics covered include the structure of contract law and the rules about its formation and interpretation, the role of pre-contractual negotiations, the consequences of mistakes, and breach and supervening events (including the impact of the Covid-19 pandemic). Readers will learn about common problems that are faced when contracting with parties coming from different jurisdictions, whilst also acquiring a deeper understanding of the approach of their own legal system. This book will be key reading for undergraduate and postgraduate students of comparative contract law, and contract law more generally.
This edition includes many updates and revisions to the first edition, especially in light of the changes to the French Code Civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature. This text comprehensively covers all aspects of contract law in several European jurisdictions.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
German Legal System and Laws provides a comprehensive introduction to the German legal system and the core areas of substantive law. Constitutional law is the foundation of German law and this area has been given fuller consideration in this fourth edition. The constitutional organs of state, basic rights and administrative law are all thoroughly explained. The text has been fully amended and updated with regard to a wealth of legislation and case law which has radically altered the course of German law with considerable attention being given to the development of private law. Also included are expanded and updated extracts from the Grundgesetz and fully revised glossaries of German legal terms.
This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.