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Publications (83)
On its 22nd Diplomatic Session on 2 July 2019, the Hague Conference on Private International Law concluded its Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. The adoption of this Convention completes intense efforts of the HCC and the participating State Parties since 1992.
One of the controversi...
On 2 July 2019, the Delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law (HCCH) adopted, after decades of preparatory work, the “HCCH 2019 Judgments Convention”. According to its Article 28 (1), consent to be bound of two contracting parties is necessary in order to enter into force. Currently, Uruguay and t...
This chapter analyzes the treatment of choice of court agreements in German law and was delivered at the 20th Congress of the International Academy of Comparative Law held in Fukuoka on 22–28 July 2018. While Sect. 1 describes the historical developments surrounding choice of court agreements in Germany, Sect. 2 focuses on the civil procedural rule...
Mutual trust is the bedrock of the EU’s internal policy regarding judicial cooperation. When it comes to cooperation with third States, however, there seems to be a blind spot. Indeed, despite the increasing importance of foreign trade, most—if not all—FTAs concluded by the EU remain silent on judicial cooperation. Such a result is unfortunate, sin...
Over the last few years, litigation in European courts against gross human rights violations and widespread environmental disasters has intensified. Recent case law shows that victims domiciled in third States have attempted to start proceedings in Europe, where the parent company of a negligent local subsidiary is seated. In light of this, nationa...
Choice of court agreements are widely used. Harmonized private international laws have entered into force recently, namely the Hague Convention of 30 June 2005 on Choice of Court Agreements on 1 October 2015 and the Brussels Ia Regulation on 10 January 2015. Both instruments are formally independent but in the legislative process the drafters of th...
“Mutual trust” has become one of the central buzzwords of the EU in its search of the future of European Union private international law. The following text unfolds possible meanings and functions of the omnipresent but quite opaque notion of mutual trust in European policy-making. The potential role of mutual trust in private international law in...
This contribution analyzes the civil law consequences of corruption in international contracts under German law. Firstly, the relevant German criminal law is briefly summarized because there are points of intersection between criminal and civil law. Secondly, the most important legal relationships in civil law are identified and analyzed on the bas...
Nach Rechtsprechung und herrschender Meinung im Schrifttum ist die Verantwortlichkeit des Händlers für Herstellerfehler beschränkt. Ein vertraglicher Schadensersatzanspruch des Käufers gegen den Händler scheidet deshalb regelmäßig aus. Der nachfolgende Beitrag führt die wachsende Kritik hieran fort.
In dem vom BGH entschiedenen Fall hatte der Vermieter eine mehr als 20% zu hohe Angabe über die Wohnfläche gemacht, diese jedoch im Vertrag als „nicht zur Festlegung des Mietgegenstands” dienend bezeichnet. Matthias Weller (JZ 2011, 589) hält die Entscheidung, die keine Grundlage für Ansprüche des Mieters sieht, für verfehlt.
July 12–13, 2007, the Institute of Art and Law, Leicester, invited numerous experts to an international meeting at Pecz, Hungary, about the legal and ethical issues of portable antiquities in Europe. Norman Palmer (Barrister, King's College, London) introduced the participants to the questions revolving around treasure trove and the various ways to...
INTRODUCTION Choice of law in international arbitration is a topic – one among many – that Arthur von Mehren excelled at. His contributions in this field admirably combine the analytical brilliance of a world-leading conflicts law scholar, the impressive expertise of an equally world-leading comparative lawyer, and insights in concept, structure, a...
With the examined proposal for a Directive on the realisation of fundamental freedoms (Art. 43, 49 of the EC Treaty) and on the promotion of an ever closer union of the states and peoples of Europe (Article 1, subsection (II) of the Treaty on European Union), the European legislator drew up a completely new regulatory framework for services within...
