This volume examines selected legal issues relating to statutory obligations in three articles.
J. Hensel
analyses the relationship between acquisitive prescription under property law and rescission under enrichment law and develops a function-based solution that differentiates between types of restitution.
L. Uchtmann
addresses the question of how damages suffered involuntarily in the course of acting for the benefit of others within the scope of agency without authority can give rise to a claim for compensation.
S. R. Viegas Santos
examines the attribution of auxiliary persons in the owner-possessor relationship, focusing on the norms of the (vicarious) agent and their effects in the owner-possessor relationship.
This work examines the litigation strategy — most commonly employed by defendants in mass litigation — of seeking to prevent unfavorable appellate and supreme court rulings due to their anticipated broad impact, within the context of the purposes of civil procedure, particularly the law of appeals. On the one hand, the...
This book provides a systematic classification of jurisdictional rules in unfair competition law in the context of advancing digitalisation. It demonstrates how the development and significance of the 'floating jurisdiction' principle under the Unfair Competition Act (UWG) can be traced and integrated into modern proce...
This thesis examines the legal remedies available to trade unions against agreements deviating from collective agreements and presents the approaches developed in case law and academic literature. It focuses on the various procedural options available against workplace parties and the opposing bargaining party. The stu...
Claims before the ICJ for alleged human rights violations are increasingly based on the compromissory clauses in human rights treaties. The requirement that the claimant state must have negotiated with the defendant state before bringing the case before the ICJ leads to a delay of several years between the allegations...
J. Bertram· Zeitschrift für ausländische...· 0 citations
This book provides a precise framework for interpreting EU anti-discrimination law and thereby facilitates the resolution of difficult cases in conformity with EU law. It assesses the leading theoretical approaches and reconstructs the CJEU’s concept of discrimination through five case-law studies. Its central claim is...
Investigative authorities face a structural dilemma: exploding volumes of data, limited resources, and criminal procedure law that is not yet sufficiently equipped to deal with this reality. This work analyses the scope of the principle of legality in criminal procedure within this context. The author develops normativ...
J. Hufert· 0 citations
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