At a time when there are still a number of voices calling for the Internet to remain a law-free zone, a whole bundle of conflicts have already emerged, many of which have found their way to lawyers and the courts in a substantial number of different jurisdictions. It surely now cannot be doubted that the Internet, like any other place in the world where people come together and follow their own interests, needs rules to be developed for the handling of such conflicts. Lawyers have already reacted and have created a new area of law, commonly called "law of the Internet" or "cyberlaw". This area, however, is far from being strictly defined. It touches on many existing areas of law, but at the same time it deals with a wholly new medium - cyberspace - which itself is subject to constant change and development. Under these circumstances, it is not surprising that in a number of cases the predictions as to how this law will look at some selected moment in the future are vague and uncertain. This is particularly true for the commercial side of the Internet, for which the term "e-commerce" has been coined. So rapid have been the developments of e-commerce, that it is now frequently said that this is the future of any commerce and that it carries the potential for enormous growth - at least for the business to business ("B2B") sector. This text covers some important legal issues arising in e-commerce.

Now in its fourth edition, the Wieczorek/Schutze legal commentary is a virtual institution in the field of civil procedure. This fourteen-volume guide once again sets the standard for legal reference works. Based on solid legal scholarship, it comprehensively considers practical requirements and needs in relation to civil procedure. The authorial team, which is composed of 33 legal scholars and practitioners - including several new younger members - ensures that the commentary remains true to its rich traditions, but at the same time is up-to-date for current and future needs. In addition to German civil procedure, the commentary addresses relevant supplementary laws in Germany (e.g. EGZPO, GVG, KapMuG, and MediationsG), as well as European and international civil procedure. The commentary also takes into consideration relevant legal changes as well as the newest developments in case law and legal teaching. Here you find an overview of all fourteen volumes. Take a closer look at the extract of volume 12 1067-1109; Internationales Zivilprozessrecht; Rechtsquellen und Materialien.

The last decade has seen considerable changes in the main Regulation on cross-border insolvencies in the EU, the EU Regulation on Insolvency Proceedings (EIR). Many of those changes have been fundamental, including the application of the Recast EIR and the departure of the United Kingdom from the European Union. As EU law and its effect on member-states changes, Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings remains the guide for legal precedents while including new developments in the field. Each edition of this seminal work has served as a practical tool for lawyers and students alike, being widely cited within the EU and domestic courts. This fourth edition includes a new Chapter dealing with the impact of the UK's departure from the EU on insolvency proceedings in the UK. It also examines new case law from the European Court of Justice (ECJ), including iUB v VA (exclusive jurisdiction under Insolvency Regulation), Silverira v Espirito Santo (Article 15 - effect on lawsuits pending), and Wiemer & Trachte GmbH v Tadzher (Article 6 - jurisdiction re avoidance actions). An invaluable resource for practitioners and academics alike, this updated volume provides an expert commentary on the evolution in the EIR- which will be useful to lawyers not only within the CJEU but in all 27 member states as well.

Das vorliegende Lehrbuch stellt eine kompakte, umfassende und insbesondere fur Studenten bestens geeignete Prasentation des fur das Studium erforderlichen Stoffes dar. In klarer, gut leserlicher Sprache geschrieben vermittelt es Anschaulichkeit dieser oftmals der Sproedigkeit verdachtigten Materie, indem es einen ganz eigenstandigen, namlich an dem typischen Verfahrensablauf orientierten Aufbau wahlt. Nicht nur, dass dem Leser dadurch der Stellenwert der jeweiligen Rechtsfiguren in ihrem jeweiligen Kontext vor Augen gefuhrt wird; dieser diesem Buch zum Alleinstellungsmerkmal verhelfende Aufbau gestattet es daruberhinaus auch jedem auslandischen Interessierten, die Struktur des deutschen Rechts besser zu erkennen. Weiterfuhrende Fragen stellen schliesslich noch den Bezug zu anderen Rechtsmaterien her.

The European Directive (Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2020 on preventive restructuring frameworks, on discharge of debts and disqualification, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt) has to be transposed into national legislation by 26 June 2021. The main features of the Directive are: - the obligatory making available of early warning systems; - the obligatory creation of an insolvency avoidance mechanism; - the determination of certain insolvency related officers' duties; - the uniformisation of discharge rules among member states; and - measures to increase the national insolvency laws' efficiency In this book a team of European-wide recognised, experienced insolvency law experts, some of whom had been involved in the drafting process of the Directive, analyse the Directive. The authors focus not only on the officials tasked in the national surroundings with drafting the national statutes but also on the wider implications which, one way or the other, will be national law. The commentary, thus, serves also the purposes of practitioners and judges in the field of restructuring.