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With the law to further facilitate the restructuring of companies (ESUG), the legislature had set out to subject the German insolvency law, which is systemically geared towards breaking up and liquidation, to a new restructuring culture. The present study contributes to the legal discussion about the problems raised in this context and in particular investigates the question of whether the insolvency law reform has created easier conditions for the takeover of companies in addition to a legally secure and planning-safe...

In recent years, practice has developed a remarkable range of variations in receivables transactions. The aim of the present study is to enable a consistent VAT assessment of these receivables transactions. To this end, the author examines which performance elements characterize the different types of factoring. To this end, he primarily deals with the current case law on factoring and the sale of non-performing loan portfolios. He also includes asset-backed securities transactions and forfaiting transactions in the investigation. With the...

The work deals with the legal comparison of detention law in Germany and the United States of America and draws important conclusions on the need for change in German law. After an outline of German law regarding arrests, the US legal system in general is presented. This is followed by explanations of the theory and practice of initiating pre-trial detention in the USA. Both the federal law of the United States of America and state law are discussed. State practice...

The work is dedicated to the administrative organization and the constitutional foundations of the administrative and organizational law of the film funding agency. Administrative structures that effect fundamental rights as well as their democratic legitimacy and the admissibility of the existing financing structures are examined. The results of the work provide, among other things, approaches to answering political questions that arose in the context of the discussion about the seventh amendment to the Film Funding Act with regard to future...

The central subject of this study is Directive 2011/24/EU on the exercise of patients' rights in cross-border healthcare, which codifies the principles of ECJ case law on cross-border healthcare services. This study examines the extent to which the Directive succeeds in striking a balance between the interests of the Member States in maintaining the functionality and affordability of their health systems, the interests of patients in legally secure, Union-wide use of health services and the Union's goal of a European...

The Foundation of the Hessian Lawyers' Association has been holding a student essay competition on current legal topics for 10 years now. The number of works submitted, but especially their high quality, confirms our concern to offer students a suitable forum and to send Hessian impulses into the legal world. We are pleased that some of the topics of the previous competitions and the works submitted have now gained importance far beyond Hesse. With various contributions to the questions we...

This essay provides a historical overview of the Israeli-Palestinian conflict and peace process. The term “Israeli-Palestinian peace process” as used hereafter describes negotiations between Israelis and Palestinians in relation to the ongoing conflict over part of the territory designated as “The Mandate of Palestine” (also known as “Mandatory Palestine”) by the League of Nations in 1922. This essay does not discuss the Israeli-Egyptian or Israeli-Jordanian peace agreements even though these developments foster a more comprehensive understanding of the Arab-Israeli conflict....

When in the summer of 2014 young legal scholars and students from Cambodia, Germany and the US gathered at the Cambodian capital of Phnom Penh to participate in the iipsl Summer School 2014 on Inter-national Criminal Law and Human Rights Law a long term project of Elisa Hoven and months of preparation became reality.1 This publication bears witness to its success and brings together essays from participants and lecturers of the Summer School. Details Title: Contemporary Issues in International Criminal...

The book deals with the current topic of consumer protection in the case of a choice-of-law clause in e-commerce. A special focus is placed on the relevant provisions of the Rome I Regulation, which came into force in Germany on December 17th, 2009. A practical example, which is included at the appropriate places, serves to clarify and understand the legal explanations, even for non-lawyers. The relevance of the topic for corporate practice and how to deal with it becomes clear...

Traditionally, trademark rights apply uniformly to the entire protected area for which they are granted. This principle faces new challenges in the case of the community trademark on the territory of the EU. The present thesis examines the conflict between territorially divergent perceptions of traffic in Europe and the scope of an infringement of a community trademark. The author goes into the different offenses and clarifies the relevance of the specific traffic perception. Furthermore, the author deals with the principle...

The limitation of employment contracts is currently - compared to previous years - a phenomenon that is applied more often than average in the modern working world. This "extension of the probationary period" has far-reaching effects on the legal situation of the contracting parties. In the event of incorrect fixed-term contracts, the employer in particular runs the risk of unintentionally seeing an employee with a permanent contract. This book deals in particular with multiple fixed-term contracts and, based on the...