Die Arbeit zeigt mit den Mitteln der Rechtsvergleichung Wege zum besseren Verständnis des Phänomens Rechtsmissbrauch, indem sie theoretisch und praxisorientiert die allgemeinen Schranken solchen missbilligten Verhaltens der Prozessparteien im deutschen und französischen Zivilprozess untersucht. Nach einer Funktionsbestimmung der gesuchten allgemeinen Rechtsmissbrauchsschranke werden die in Betracht kommenden nationalen Rechtsinstitute zunächst innerhalb ihrer jeweiligen Dogmatik rechtsvergleichend analysiert und an den Kategorien der Zweckmäßigkeit und Effektivität gemessen. Das so gewonnene Zwischenergebnis wird sodann einer kritischen Gegenprüfung in einer Reihe von Beispielsfällen der Praxis unterzogen. Auf diese Weise eröffnet sich im Ergebnis ein Blick hinter das systemverhaftete herkömmliche Verständnis von einer Konkordanz der Rechtsmissbrauchsschranken in den beiden Rechtsordnungen, der de lege ferenda im europäischen Kontext systembildend wirken könnte.

The legal profession has undergone significant changes in the past few years. These have affected working structures and context within the profession, in turn affecting the wellbeing of individual practitioners. This book is the first to consider how these operate in practice and how they impact on the wellbeing of lawyers. This is significant because legal systems cannot operate without properly functioning lawyers. Changes considered include rapidly evolving technologies such as the internet, artificial intelligence and increasing digitisation, and innovations in legal practice. Such innovations include changes in the structures of law firms, changing requirements about whether lawyers must practice separately from other professions and changing employment practices in law firms.The Impact of Technology and Innovation on the Well-Being of the Legal Profession considers the impact of all of these developments on the legal profession. It begins with students and how their responses to questions about their attitudes to learning may provide clues as to why they and the professionals they become might be more vulnerable to depression and anxiety than the wider population. The analysis then extends to how both satisfaction and stress levels can be simultaneously high and the implications of this, considering the experiences of lawyers in private and public practice, as well as academics, and their responses to the interactions between all of these changes. Leading researchers assess the situation in Australia and the United Kingdom in these various domains, using empirical research as the foundation of the arguments put forth.Anyone who is interested in the future of the legal profession and the challenges currently faced as a consequence of the massive structural and environmental changes experienced should read this book.

Die Verletzung vorvertraglicher Aufklärungspflichten beim Franchising steht im Mittelpunkt gerichtlicher Auseinandersetzungen zwischen Franchise-Geber und Franchise-Nehmer. Gleichzeitig stellt sich bei internationalen Franchise-Systemen die Frage nach dem anwendbaren Recht, da die internationalprivatrechtliche Anknüpfung von Ansprüchen aus culpa in contrahendo immer noch umstritten ist. Mit dieser Arbeit werden die spezifischen Aufklärungspflichten des Franchise-Gebers beschrieben und mit dem Franchise-Recht des US-Bundesstaates Kalifornien verglichen. Den Schwerpunkt der Arbeit bildet jedoch die Frage der Qualifikation und des Statuts von Ansprüchen aus culpa in contrahendo bei der Verletzung vorvertraglicher Aufklärungspflichten. Durch eine eingehende Analyse des deutschen internationalen Deliktsrechts nach der IPR-Reform von 1999 zeigt der Verfasser auf, dass sich der Gesetzgeber für die deliktische Anknüpfung der culpa in contrahendo entschieden hat. Die vertragsakzessorische Anknüpfung bietet dabei das notwendige Korrelat, um das Spannungsfeld zwischen Delikts- und Vertragsstatut unter Berücksichtigung materiellrechtlicher Gerechtigkeit aufzulösen.

The classic distinction in international relations between mutual assistance in criminal matters and mutual administrative assistance has become diffuse. A blurring of transnational policy issues in the struggle against fraud continues to hamper efficient cooperation between states, despite the increasing interaction of national enforcement agencies supported by automated systems and a growing number of supranational institutions with enforcement powers. Particularly among the member states of the European Union, the disparate law of international cooperation needs to be examined and clarified, in terms both of instruments and of legal guarantees. This book offers an English translation, updated to mid-2001, of a Dutch study which appeared earlier that year. The study was originally commissioned by the Dutch Ministry of Justice, which recognized that the way to clear standards of cooperation lay through in-depth comparative research into the relevant law, practice, and recent experience of several major national jurisdictions. A five-member research group worked with the help of the Willem Pompe Institute of Criminal Law and Criminology, the Foundation for the Promotion of Criminal Law Research, and the Utrecht Faculty of Law's Centre for Enforcement of European Law. In order to focus meaningfully on the theme of combating fraud in its most significant current manifestations, the researchers restricted their study to customs law, fiscal law, and agricultural law in four EC countries. Among the core legal matters investigated are the following: exchange of enforcement data; performance of acts of investigation; the "moment" in each legal system at which it is necessary to switch from administrative assistance to assistance in criminal matters; and the manner in which national systems of evidence deal with evidence from abroad. Based on a close study of legislation and case law in each of the four countries-in addition to numerous personal interviews-the analysis clearly identifies the legal problems, and makes recommendations as to how transnational administrative law and cooperation in criminal matters may be most effectively arranged.

Compensation funds are used in vastly different ways across jurisdictions and legal traditions. They are an alternative to traditional tort, insurance and social security structures, and change or eliminate ordinary liability rules for certain classes of victims. Compensation funds have been established to solve liability problems in the domains of traffic accidents, financial deposits, crime victim redress, industrial and environmental damage, natural disasters and healthcare damage. They are popular with lawmakers, but their undefined nature (and sometimes incoherent status) raises important legal questions that have not yet been fully answered.The way that compensation funds have developed in different jurisdictions has not always been consistent with the rest of the legal system within that jurisdiction. The contributions in this book consider the way in which these funds have been used in Belgium, France, Germany, the Netherlands, New Zealand, Spain and the United Kingdom. Focusing on their functions, purpose, funding and quantum of compensation, new conclusions are drawn on the objectives of compensation funds and how they differ from insurance and social security.Compensation Funds in Comparative Perspective is useful for all comparative law, liability law and insurance law scholars and practitioners seeking to understand contemporary issues in the operation of compensation funds and introduces novel ideas for future development.

This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

In Deutschland und Frankreich herrscht breiter Konsens, wirtschaftlich motivierte Spenden von Körpersubstanzen zu verhindern. Das Buch stellt die Unterschiede in der gesetzlichen Umsetzung dieses gemeinsamen Bestrebens rechtsvergleichend dar und stellt einen Kriterienkatalog auf, mit dessen Hilfe die Rechtsnatur von und die Rechte an Körpersubstanzen bestimmt werden können. Darauf basierend stellt der Autor die Legitimität eines allgemeinen Kommerzialisierungsverbotes in Frage und fordert zu einer Differenzierung nach Körpersubstanz, Art ihrer Gewinnung und konkreten Weiterverwendung auf. L'Allemagne et la France visent à protéger le corps humain et ses substances corporelles détachées des pratiques mercantiles. La présente étude consiste en une analyse comparative des différences dans la transposition légale de cet objectif commun. En outre, elle élabore des critères permettant d'établir le statut et le régime juridique des substances corporelles. Sur la base de ces constatations, l'auteur remet en question la légitimité du principe général de l'extra-commercialité des substances corporelles. Diese Arbeit enthält eine ausführliche Zusammenfassung in französischer Sprache.

This book is a comparative study of the tax systems of Germany and Japan. It is a considerably expanded version of Iizuka's previous monograph, Veritable Bookkeeping Records, which was important enough a contribution to comparative tax studies that it was serialized and published in twenty-six parts over three years ('79-'82) in the Japan Society of Accounting's journal, "Accounting."

The present volume includes a good deal of new, revised and updated material not included in the first monograph. Here Iizuka boldly puts forward counterarguments to the opinions of several hundred Japanese, European and North American scholars. One of his chief messages is that Japan needs to look to Germany, to the United States and to other EC nations for guidance in developing fairer accounting principles.

Much of the media coverage and academic literature on Russia suggests that the justice system is unreliable, ineffective and corrupt. But what if we look beyond the stereotypes and preconceptions? This volume features contributions from a number of scholars who studied Russia empirically and in-depth, through extensive field research, observations in courts, and interviews with judges and other legal professionals as well as lay actors. A number of tensions in the everyday experiences of justice in Russia are identified and the concept of the 'administerial model of justice' is introduced to illuminate some of the less obvious layers of Russian legal tradition including: file-driven procedure, extreme legal formalism combined with informality of the pre-trial proceedings, followed by ritualistic format of the trial. The underlying argument is that Russian justice is a much more complex system than is commonly supposed, and that it both requires and deserves a more nuanced understanding.

Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.

Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.

For centuries, since the Roman Empire’s adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe’s religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume’s contributors range from academics at leading universities to former judges and politicians. Its twenty chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to law students in the United Kingdom and the European Union, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists, and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.

Etwa seit Ende der sechziger Jahre wird auf internationaler Ebene eine lebhafte Diskussion über eine Krise des strafrechtlichen Sanktionensystems geführt. Einhergehend mit dem bereits in den späten siebziger Jahren erkennbaren Bemühen um eine stärkere Opferorientierung im Strafrecht hat die Thematik des Täter-Opfer-Ausgleichs und der Schadenswiedergutmachung gerade in den letzten Jahren neue Aktualität gewonnen. Der Gesetzgeber hat dem 1994 durch den neu eingefügten § 46 a StGB Rechnung getragen. Nach einem Überblick über die Entstehungsgeschichte der Norm untersucht die Abhandlung die mit der Auslegung und Anwendung des § 46 a StGB verbundenen Probleme und die Rezeption der Vorschrift in der Rechtsprechung. Der Verfasser gelangt zu dem Ergebnis, daß die derzeitige Gesetzesfassung, insbesondere im Hinblick auf die Anwendungsrelevanz der Norm, der Modifizierung bedarf. Er stellt einen eigenen Reformvorschlag für § 46 a StGB de lege ferenda zur Diskussion.

This index of the "Comparative Law Yearbook of International Business" is organized for ease of use according to well-recognized subject categories. It lists all articles published from the inception of the Yearbook and provides information about the authors, the main topic headings that appear within each article, and the volume and page number where the articles can be found. The "Cumulative Index" also contains a table of contents and an authors' index. It facilitates research on all subject matter covered in this series. This is the second Cumulative Index. It covers all published articles from its inception in 1977 (then known as the Comparative Law Yearbook) to 1996. A new edition will be published in approximately three years.

An important step towards European legislation pertaining to product liability is the EU Directive of 25 July 1985 or the "Council Directive on the Approximation of the Laws, Regulations, and Administrative Provisions of the Member States concerning Liability for Defective Products". While its significance cannot be denied in the pressure it places upon European governments: to enact product liability laws, it still leaves room for diverging domestic interpretations and postponement of genuinely effective legislation by the individual Member States. As a result there exist considerable differences among the Member States with respect to a number of its provisions and the wording of the exact legislation on product liability. Furthermore, contrary to US legislation, the liability is limited to the "producers" and not to the "sellers" of the defective product, as defined in Article 3 of the EU Directive. This book presents the reader with an overview of the product liability law of ten of the EU members and all seven EFTA countries, who have passed strict product liability legislation since 1985, including the English translation.

The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

This volume contains 14 national reports and the General Report on the use of comparative law by courts, which were presented at the XIVth International Congress of Comparative Law in Athens. It provides a general survey of the frequency and methods of a comparative recourse to foreign law by courts, describing both the methods of such recourse and the typical fields in which it is undertaken. The reports offer a cross-section of contemporary court practice from a wide variety of countries around the world - large and small, unitary and federal, and with differing historical backgrounds. All these varied elements have an impact on the needs of national courts to look to foreign law for inspiration or as a model for dealing with new, unsettled issues of national law, and the reports illustrate well the impact of divergent traditions, attitudes and surrounding circumstances. Of special interest are both the role of comparative law and the comparative method employed in the practice of a supranational court, such as the European Court of Justice. In addition to the General Report, this volume contains national reports from the following countries: Canada, European Union, France, Germany, Greece, Iceland, Israel, Japan, Luxembourg, The Netherlands, United Kingdom and United States of America.

Prof. Dr. H. C. Klaus Vogel turned 70 in December 2000. For his students, colleagues and friends all around the world he has been not only a teacher and academic, but also a researcher and mentor, and this occasion provided the opportunity to honour him with a Festschrift. This celebratory volume, with contributions in German and in English, is published under the title Staaten und Steuern (States and Taxes) by C.F. Muller Verlag in Heidelberg. With the permission of the publisher, the present volume contains the English language contributions as a separate publication. The following articles are included.

This important new work examines fundamental, but hitherto neglected, issues of national criminal law. Where and to whom does that law apply? When can domestic law apply to conduct that takes place abroad? The author examines the territorial and extraterritorial application of the criminal law, identifying defects, lacunae, and historical accidents, and suggests possible reforms.

This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.

From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognized as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.

Alejandro Botta locates the Aramaic legal formulary in context of the Egyptian legal tradition and looks at the influence of foreign legal practices on other formulae which do not have their roots in Egypt.This is a study of the interrelationships between the formulary traditions of the legal documents of the Jewish colony of Elephantine and the legal formulary traditions of their Egyptian counterparts.The legal documents of Elephantine have been approached in three different ways thus far: first, comparing them to the later Aramaic legal tradition; second, as part of a self-contained system, and more recently from the point of view of the Assyriological legal tradition. However, there is still a fourth possible approach, which has long been neglected by scholars in this field, and that is to study the Elephantine legal documents from an Egyptological perspective. In seeking the Egyptian parallels and antecedents to the Aramaic formulary, Botta hopes to balance the current scholarly perspective, based mostly upon Aramaic and Assyriological comparative studies.It was formerly the Journal for the Study of the Pseudepigrapha Supplement.