jurisprudence

The subject of the dissertation is the admissibility of restricting the office of insolvency administrator to natural persons in accordance with Section 56 InsO and the resulting exclusion of legal entities from the office of insolvency administrator. Since insolvency administration has developed into an independent profession and is often carried out by large administration companies with teams of lawyers, tax consultants and auditors, the statutory exclusion of legal entities from the office of insolvency administrator is in practice often only...

The dissertation is dedicated to case law on the law of endowment life insurance, which is in constant change and further development, and addresses the implications for individual and collective interests of policyholders resulting from this case law. The theoretical foundations of individual and collective interests presented in endowment life insurance and shown why there is a tension between interests and how the anticipatory legislator tries to resolve this tension. Subsequently, on the basis of four main topics, the case...

The present volume 7 of the publication series of the Foundation of the Hessian Lawyers' Association is based on a student essay competition advertised by the Foundation in 2015 on the topic "From Brokdorf to Blockupy and Pegida. Is the current assembly law still up to date?“.Dr. Rainald Gerster, President of the Frankfurt Administrative Court and Dr. Stefan Fuhrmann, Chief Magistrate Director, Head of the Legal Office of the City of Frankfurt am Main, selected the six works presented here...

The Special Court for Sierra Leone was established in Freetown, Sierra Leone in 2002 after eleven years of civil war. It is part of an international strategy to overcome impunity for international crimes and leaves a great legacy with its extremely multifaceted case law. He was given worldwide attention in particular by the condemnation of the then incumbent head of state of Liberia, Charles Taylor. The author appreciates the case law in the light of the overall development of international...

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 working group on international criminal law was founded in 2005. It offers a forum for the exchange of ideas between German-speaking international criminal law experts from practice and academia. The working group meets once a year. Details Title: 10 years working group on international criminal law Subtitle: Birthday gifts from science and practice Author: Prof. Dr. Claus Kress Series: Cologne writings on peacekeeping law Edition: 1st edition Band: 5 Publisher: Prof. Dr. Claus Kress Released: 1st edition 04/27/2015 Subject:...

Private military and security companies (PMSUs) like Blackwater (now Xe Services, now Academi) have increasingly participated in military operations for over twenty years. Such companies operate all over the world. The range of clients is correspondingly wide: in addition to states, individual armed groups, private companies, the United Nations and other international organizations, non-governmental organizations and the International Committee of the Red Cross also use the services of PMSU. The military services provided by private companies in such operations range...

The present volume 5 of the publication series of the Foundation of the Hessian Lawyers' Association is based on a student essay competition advertised by the foundation in 2013 on the subject "From the control of the court to the satisfaction of the information needs of society - is there a functional change in the 'public' of court proceedings ' (§ 169 GVG)?“. Prof. Dr. dr h.c. Ulfried Neumann, Professor of Criminal Law, Criminal Procedure Law, Legal Philosophy and Legal...

In 2012, the Foundation of the Hessian Lawyers' Association wrote a student essay competition on the subject of 'culture flat rate, cultural value mark or three strikes and you are out: how should creativity be dealt with on the internet?' and asked students to present the deficits of the applicable law or at least one of the currently discussed models de lege ferenda from a legal point of view. This volume contains the contributions of the five award winners Jan...

The problem of publicity when assigning chattels as security is as old as the assignment itself. The loan collateral, which is often used in practice, seems to function smoothly for the most part. A closer look, however, reveals a number of weaknesses and dogmatic distortions due to the lack of publicity. Last but not least, the German security assignment must also be able to be measured in an international perspective. It is precisely here that Germany is largely isolated with...

The Foundation of the Hessian Lawyers' Association has given its student essay competition an unusual title this time. Biometrics is certainly not a topic that young lawyers deal with intensively during their training. Nevertheless, or precisely because of this, this topic had its very special charm. The contributions submitted to the foundation were approved by Prof. Dr. Viola Schmid, LL.M. (Harvard) by the department of public law (focus on cyberlaw) at the Technical University of Darmstadt. On her recommendation, two...

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...