Das Buch enthalt eine Gesamtdarstellung zu Fragen der Systembildung im Europaischen Vertragsrecht. Mit ihrem Grunbuch vom 11. Juli 2001 hat die Europaische Kommission die Frage nach dem wunschenswerten Harmonisierungskonzept erneut aufgeworfen. Daran anschliessend hat sie am 12. Februar 2003 einen Aktionsplan fur "Ein koharentes Europaisches Vertragsrecht" vorgelegt. Beide Themenkreise werden in der vorliegenden Arbeit bereits zusammenhangend erortert. Der Verfasser legt zunachst Grundlagen fur die Arbeit: Im ersten Teil werden Grundfragen des Systemdenkens im Privatrecht erortert und der Begriff des Europaischen Privatrechts naher konturiert. Im zweiten Teil untersucht der Verfasser, ob sich die zahlreichen einzelnen Angleichungsrechtsakte als Auspragungen eines Gesamtplans verstehen lassen: Lasst sich den Einzelrechtsakten ein Harmonisierungskonzept entnehmen, das Grund und Grenzen der Rechtsangleichung erkennen lasst? Den Hauptteil der Arbeit bildet die systematische Gesamtdarstellung des materiellen Vertragsrechts im dritten Teil. In einer nach Sachfragen des Vertragsrechts geordneten Weise werden hier die zahlreichen Einzelregelungen erortert, die sich uber verschiedene Richtlinien verstreut finden. Es handelt sich um den- wohl ersten - Versuch einer Dogmatik des Europaischen Vertragsrechts. Uber den Autor: Dr. Karl Riesenhuber ist Privatdozent an der Friedrich-Alexander-Universitat Erlangen-Nurnberg."

Developments of the law in Japan and in Germany provide ample reason for an inquiry into "The Identity of Japanese and German Civil Law". Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as "theory reception" (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of "consumer law" - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a "Europeanization" of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the "Germany Year in Japan". In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Moeslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.

EU law is an autonomous legal system. It requires its own methodology. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed. The temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union on the other raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')? Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.

The book is a novelty. For the first time the fundamentals of the performance activities of the German Society for Musical Performing Rights and Mechanical Reproduction Rights (GEMA) will be comprehensively presented, expertly explained and scientifically fathomed. In addition to the historical and legal basics, this especially concerns the presentation and elucidation of GEMA's "internal rules": The statutes, authorisation agreement and the plan of distribution. An overview concerning the practice of licensing will also be provided. Such a presentation has long since been a sought-after reference factor of practice and science. The reference work should provide those individuals entitled as well as users, supervisory authorities and courts - but also scholars - reliable information concerning the performance activity, and thus contribute to transparency.

Copyright contract law mainly serves to protect the creator in particularly "hazardous situations." The reasoning behind the particular need for protection is seldom discussed. Dedicated to this issue, this work considers the extent to which tools of behavioral law and economics can contribute to the analysis and assessment of the need for protection and the instruments of protection. In addition to fundamental questions, individual instruments of protection are examined from the behavioral law and economics perspective and followed by insights from the copyright perspective. The interdisciplinary dialog promises a deeper understanding of copyright contract law.

In this volume, the basic principles of the administrative functions carried out by the Society for Performing and Mechanical Reproduction Rights (GEMA) are presented comprehensively and academically explained. This work is primarily focused on presenting and explaining the GEMAa (TM)s a oeinternal regulationsa: the statutes, the deed of assignment, and the distribution plan. Additionally, an overview is presented on the day to day practice of licensing the rights. The main focus of this presentation is the commentary section. The commentary presents in detail and academically considers the statutes as the basis of the organization, the deed of assignment as the foundation of the assignment of rights, and the distribution plan. The new edition brings this work up to date. The copyright law reform (a oeZweite Korba ) is taken into consideration as well as the latest judicature and the newest amendments to the GEMA's deed of assignment and distribution plan.

This compilation of texts on European private law makes available to both students and practitioners alike a comprehensive paperback edition of good value focused on the core fields of European private law: contract law, employment law, and corporate law. This edition's special advantage is that it is available in one volume.

This conference volume on the German-Japanese colloquium a oeTransformations or Erosion of Private Autonomy?a carries the debate on the subject into the area of contract law that is central to economic life.

a oeGlobalization and law - contributions by Japan and Germany to an international legal system in the 21st centurya - this was the subject of a jurisprudential congress in Tokyo from 29 September to 1 October 2005 on the occasion of the "Germany in Japan" year 2005/2006. The conference report contains papers from well-known authors from Japan and Germany; the articles deal with the foundations and individual fields of law in their links and development lines to the subject a oeGlobalization and Lawa .

The Ruhr-Akademie fA1/4r EuropAisches Privatrecht is an initiative of the Department of Civil Law, German and European Commercial and Business Law at the Ruhr-UniversitAt Bochum. Its objective is to process European private law for practitioners. The Ruhr-Akademie organises various events, further training, lectures and conferences. The contributions to the events are published in a series by the Ruhr-Akademie: "Practical Booklets on European Private Law."

European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers. European Employment Law is written for advanced students, academics and practitioners specialising in EU employment law.

(The Interpretation and Control of the Safeguarding Agreement) The interpretation and contextual control of copyright safeguarding agreements play a substantial role in court practice. That's why for one thing disputes between authorized parties and copyright collecting companies can evolve. And for another thing, interpretation and control also play an important role for the users of protected works or ancillary copyrights, since they require clarity as to whether they must acquire the necessary rights from the copyright collecting company or the authorized parties themselves. The author investigates the interpretation rules of copyright and the law of contract as well as the control circumstances of the copyright law, the copyright safeguarding law, the civil code (AGB [general terms & conditions] control), the law against restraints of competition as well EC antitrust (cartel) law. Informed through a legal practice on the one hand, and on the other hand on the basis of his scholastic works in the realm of German and European law of contract, commercial law and copyright, the author develops a system in which the different circumstances of interpretation and control merge into an orderly whole. The dogmatic of prevailing law is in the foreground. Moreover, the author also discusses legal policy issues in view of the national law and the Community law. They are now of great relevance to the present, because the Commission of the European Community has announced the establishment of a European safeguarding right with their notification for "Safeguarding of copyrights and related protective rights in the internal market" from April 16th, 2004.

German civil law political theory is not in high demand these days. However, political theory is important for establishing an overall picture of German civil law and portraying an image of German civil law to Europe and beyond. This is especially true in times when ideas are widely circulated and the circulation itself can be useful for influencing transnational legal realities. The collected essays on German civil law instructors presented in this work aim to contribute to just such a political theory. This two volume edition is based on the lecture series a oe20th Century German Civil Law Instructors Described by their Studentsa that was held at the Humboldt-UniversitAt Berlin, the Europa-UniversitAt Viadrina at Frankfurt (Oder), and the Ruhr-UniversitAt Bochum.

German civil law political theory is not in high demand these days. However, political theory is important for establishing an overall picture of German civil law and portraying an image of German civil law to Europe and beyond. This is especially true in times when ideas are widely circulated and the circulation itself can be useful for influencing transnational legal realities. The collected essays on German civil law instructors presented in this work aim to contribute to just such a political theory. This two volume edition is based on the lecture series a oe20th Century German Civil Law Instructors Described by their Studentsa that was held at the Humboldt-UniversitAt Berlin, the Europa-UniversitAt Viadrina at Frankfurt (Oder), and the Ruhr-UniversitAt Bochum.

Within a private law system, whose fundamental principle is private autonomy, content control raises significant and fundamental questions. Over the past few decades the trend of strengthening content control in nearly all fields of private law has become apparent. Against this backdrop and from a comparative law perspective, the authors of this volume discuss fundamental issues including historical development, the relationship between interpretation and content control, the basic legal warranty and aspects of content control in selected legal fields such as employment law, inheritance law, and international private law as well as specific questions.

In Germany, the prohibition of discrimination under Community law is transposed through the General Equal Treatment Act ("Allgemeine Gleichbehandlungsgesetz"). The new Act is introduced, and its community-law background is discussed. In addition, the new regulations are examined in greater depth for individual areas by means of practical examples from German and foreign courts and of current questions.

[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.

In this handbook questions regarding the method behind European law, particularly European private law, are represented for the first time comprehensively and systematically for instruction and practice. In addition to the basics, the authors discuss the questions of method behind the primary and secondary law as well as the member states' (transfer) laws. In the special part, legal scholars and practicing lawyers specializing in European law dedicate themselves on the one hand to questions of method in the individual legal areas, contract law, labor law, law of associations and capital market law, and on the other hand questions of method in the court decisions of the European Court of Justice and the German Federal Supreme Court of Justice. The complete work combines an in depth examination of method questions with the exemplary in depth examination of individual legal areas and institutions.

Ernst-Joachim Mestmacker hat eine Reihe von Beitragen zum Urheberrecht publiziert. Diese sind freilich weit verstreut veroeffentlicht, in Sammelbanden, Festschriften und in- und auslandischen Zeitschriften. In dem vorliegenden Band werden diese Beitrage zusammengefuhrt und so erstmals in einer Gesamtschau zuganglich gemacht. Die Gesamtschau zeigt die Breite der Themenstellungen, die Mestmacker behandelt. Sie macht zugleich aber auch die Koharenz des Gesamtschaffens deutlich. Urheberrecht und Wahrnehmungsrecht werden bei Mestmacker stets im wirtschaftsrechtlichen Kontext gesehen und zudem von Anfang an auch unter Berucksichtigung des Europarechts. Ein Schwerpunkt der Untersuchungen - in der beeindruckenden Spanne wissenschaftlichen Schaffens 1960 bis heute - liegt im Recht der urheberrechtlichen Verwertungsgesellschaften. Die Publikation erscheint im Jahr 2006, zum 80. Geburtstag von Ernst-Joachim Mestmacker.

[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.

Das vorliegende Lehrbuch, in dem das Europaische Vertragsrecht in geschlossener, nach Sachfragen systematisch geordneter Form dargestellt wird, soll Studenten ebenso wie Praktikern Auskunft zu Einzelfragen geben, daruber hinaus aber auch eine UEbersicht uber das Rechtsgebiet als Ganzes eroeffnen. Die Entwicklung des Europaischen Vertragsrechts in Gesetzgebung (Gleichbehandlungsrichtlinie, Richtlinie uber unlautere Geschaftspraktiken, Reform der Verbraucherkreditrichtlinie) und Rechtsprechung und die zunehmende dogmatische Vertiefung durch die Wissenschaft machen die Neuauflage erforderlich. Das Lehrbuch wendet sich an Studenten ab dem 3. Semester ebenso wie an Referendare und Praktiker.

Ein Europaisches Wahrnehmungsrecht entsteht. Das Europaische Parlament hat dazu in einer Entschliessung vom Januar 2004 Stellung genommen. Die Kommission hat nun, nachdem sie zuvor im April 2004 weitergehende Angleichungsplane angekundigt hatte, kurzfristig im Oktober 2005 eine Empfehlung fur den Bereich der Online-Musikdienste verabschiedet. Die Entwicklung ist im Fluss. Sie bedarf einer breiten und tiefgehenden Eroerterung. Dabei sind die Vorgaben des Primarrechts und des Internationalen Urheberrechts ebenso zu berucksichtigen wie Wahrnehmungsrecht und Wahrnehmungspraxis der Mitgliedstaaten. Die hier nebst Materialien veroeffentlichten Beitrage zur INTERGU-Tagung 2005 an der Europa-Universitat Viadrina sollen einen Beitrag zu dieser Diskussion leisten. Auf der Grundlage eines deutsch-polnischen Rechtsvergleichs werden die Grundlagen der gemeinschaftsrechtlichen Rechtsangleichung sowie die Entwicklung der Marktordnung im Bereich der Wahrnehmung von Online-Rechten an Werken der Musik eroertert.

The volume contains the contributions to the INTERGU Conference 2006. The speakers - academics and practitioners in European law and copyright law in Germany and Austria - examine the fundamental principles of European copyright law - primary law and international copyright law - and the Community's harmonization concept.