jurisprudence

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...

Recently, technical supervision has become significantly more important. The reasons for this include the increasing shifting of non-ministerial tasks to subordinate authorities, the privatization of public tasks and the frequent interdepartmental cooperation between ministries. Ultimately, official technical supervision is increasingly proving to be a management and control instrument in the field of public administration. The author carries out a comprehensive systematization of the technical supervision in the currently existing system, but at the same time shows ways to a new...

In view of the broad discussion and in the light of the Hessian project, the Foundation of the Hessian Lawyers' Association announced a student essay competition and awarded the "Prize of the Foundation of the Hessian Lawyers' Association". The participants were called upon to critically examine and constructively pursue one or more fundamental questions triggered by the electronic tag. The contributions received were judged by a jury consisting of lawyer Thomas Scherzberg, chairman of the Hessian criminal defense association and...

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 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...

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...

Against the background of the Bologna process and based on current law studies, the work analyzes the current reform models for the introduction of a bachelor's/master's structure in German legal education. The reform proposals, which vary in detail, are systematized by means of a comparative overview and traced back to the essential conceptual questions. In this way, the advantages and disadvantages of the different reform models can be examined in more detail. Finally, considerations on the reform of the legal...

The present volume 6 of the publication series of the Hessian Lawyers' Foundation is based on a student essay competition on the topic "Deals in criminal proceedings" advertised by the foundation in 2014 - Can an accused "buy himself free" in criminal proceedings? Prof. Dr. Britta Bannenberg, Professor of Criminology, Juvenile Justice and Correctional Services at the Justus Liebig University in Giessen, selected the six works presented here from the many submissions from all over Germany in the essay competition;...