Archive 2007

Principles of European Law on Personal Security Published

Under the supervision of Professor Dr. Dr. h.c. mult. Ulrich Drobnig, a fixed working group at the Max Planck Institute for Comparative and International Law has recently published the Principles of European Law on Personal Security.

The book is the fruit of many years of intensive comparative law research on national European legal systems. It presents nearly 40 common European rules on personal security. Preceded by a number of general rules on personal security, the emphasis in the work is specific rules for suretyship and guarantee. Concluding sections set forth special rules for the protection of consumers who have assumed a personal security. Each rule is clarified with extensive commentary and national notes accompanying each rule explain to what extent the rules conform to or deviate from the national legal regulations of the 15 original EU Member States.

The work is one of a series of research projects which, through the comparison of legal provisions found in the various national European legal systems, seeks to formulate common legal principles which may serve as the foundation for a harmonisation of civil law in Europe. Together with researchers from throughout Europe, the Max Planck Institute is participating in a number of these research initiatives – an example being the Study Group on a European Civil Code, under whose auspices not only principles on the law of personal security have been formulated but also under which proposals for the arrangment of a European insurance contract law are being devised at the Institute under the leadership of Professor Dr. Dr. h.c. Jürgen Basedow.   

The Principles of European Contract Law (PECL) establish a general framework for setting out the European rules on personal security. The presently released volume on personal security thus supplements the foundational work already completed upon a common European law of contract. Taken in their totality, these works addressing general and specific principles of contract law as well as essential questions on interests in movable property serve as a basis for the Common Frame of Reference which is currently being worked on by both researchers as well as the European Commission and is to be published in 2008.

Led by Professor Drobnig, members of the working group on personal and proprietary security presently include Ole Böger, Dr. Francesca Fiorentini, Judith Hauck and Dr. Malene Stein Poulsen.

Drobnig, Ulrich (ed.), Personal Security - PEL Pers. Sec., Sellier Publishers (Munich 2007), XXI, 567 pages., released in the series Principles of European Law, Vol. 4 (in English with Danish, German, French, Dutcth, Italien and Spanish translations of the principles).

pm_personalsecurity.pdf (86.97 kB)

Chinese Legal Studies in Europe

In cooperation with the Georg-August-Universität Göttingen, the Max Planck Institute for Comparative and International Private Law will be holding the first annual conference of the „European China Law Studies Association“ ( ECLS) from 30 August through 1 September 2007. Over the course of two days, legal scholars from China, Europe and the USA will be discussing four different aspects of Chinese law: "Access to Justice", "Civil Rights", "Politics and the Law" and "Comparative Law". Among the topics to be considered are judicial reforms, the right to liberty in the Chinese constitution, legal implementation and developments in contract law.

Chinese law and its development meet a growing interest in Europe and elsewhere in the West. Legal scholars have identified Chinese law as a new and innovative field of study. Still, their number continues to be small due to the lack of linguistic proficiency in Chinese. Methods of research and teaching vary widely, and institution-building and networking between legal scholars are still in their infancy with regard to research and teaching of Chinese law.

The conference of the European Association for China Law Studies is to bring together legal scholars from European countries and from all over the world. This conference series is to become a meeting point for the promotion of research and teaching of Chinese law and for the exchange of information among those involved in organising China law studies. In addition, the conference should provide a forum for the development of individual research projects. Particular consideration will be given to pluralism of methods in order to increase awareness of their variety.

The official formation and the first annual meeting of the association will be taking place in Hamburg at the Max Planck Institute for Comparative and International Private Law. East Asian law has for many years been an area of particular research emphasis at the Max Planck Institute. 

For further information:

 

Dr. Knut Benjamin Pißler

Junior Legal Scholars from German Speaking Countries Meet in Hamburg

On June 11th and 12th, 2007 the Max Planck Institute for Comparative and International Private Law in Hamburg is holding the Fifth Max Planck Post-Doctoral Colloquium (“Habilitandenkolloquium”) for junior legal scholars from German speaking countries. This colloquium represents a continuation of the extraordinarily successful conference series which the Institute has organized since 1999 as a further component of its commitment to the advancement of foundational comparative law research. Invited to this year's colloquium are 14 post-doctoral candidates from German, Swiss and Austrian Universities whose research work lies within the spectrum of research undertaken by the Max Planck Institute. In addition to the German participants, two of whom are active at the Max Planck Institute, are four junior scholars from Switzerland and one from Austria. The Post-Doctoral Colloquium offers these young scholars a uniquely constituted forum to present their still developing work and discuss their theses both with one another and with the researchers from the Max Planck Institute. Additionally, participants enthusiastically use this occasion to get to know one another on a personal level. As stated by one participant, "The opportunity for personal exchange with domestic and international colleagues is exciting and inspirational for everyone here." In fact, the previous post-doctoral colloquiums sponsored by the Max Planck Institute in Hamburg have led to diverse exchanges of ideas and inspired later cooperative efforts.
 
The wide array of topics mirrors the current legal and political discussions now ongoing in Germany and Europe. Taking a main stage are questions of contract law: The topics range from a comparison of the interpretation of contracts in English common law and continental European civil law (Piera Beretta) - a lynchpin for a future harmonisation of contract law in Europe - to contractual fidelity (Marc-Philippe Weller) and attribution of behaviour in contractual relations (Tobias Tröger) and on to specialized contracts in commercial law and consumer law (Christoph Reymann). Additionally found are studies on general principles of European private law (Axel Metzger), on the principle of good faith in law (Pascal Grolimund), on personal securities (Christian Förster) and on sanctions and remedies in European consumer law (Martin Ebers). A further emphasis is company and corporate law. Here the inquiry ranges from a historical-legal comparison of liability in partnerships and corporations (Jan Thiessen) to corporate governance (Christoph B. Bühler) and the front-line question of the provision of venture capital by corporate and institutional investors (Kaspar Krolop) and on to the duties of executives in the run-up to a declaration of insolvency (Thomas Bachner). Rounding out the spectrum of presented work is a competition law study on abusive practices by market dominant firms (Wolfgang Wurmnest) and a consideration of the individualisation of family law (Ulrich Zelger).

With the Post-Doctoral Colloquium now being well-established in the academic community, the Max Planck Institute for Comparative and International Private Law – already providing ongoing support to the post-doctoral projects of its own research fellows - is making a significant contribution to the promotion of the next generation of legal scholars which extends beyond the borders of Hamburg and Germany. In addition to this colloquium, the Max Planck Institute last year created a further forum for junior legal scholars: the “Max Planck Postdoc Conference on European Private Law”, spanning beyond the German speaking world of academia into the broader arena of Europe. The first gathering of this character, occurring in June 2006 and conducted in English and French, was a resounding success; in the future this conference series will also be held every two years and will, as with its German equivalent, further establish the Max Planck Institute for Comparative and International Private Law in Hamburg as a magnet for the next era of European legal scholars.

Further Information:
Detlev Witt
Press and Public Relations
Max Planck Institute for Comparative and International Private Law | Hamburg
Tel: 040 – 41 900 – 209
Fax: 040 – 41 900 – 333
E-mail: presse@mpipriv.de

foto_habilitanden-kolloquium.pdf (4103.01 kB)

Expansion of the Max Planck Institute for Comparative and International Private Law – Bolstering Hamburg as a Center of Scholarship

 

On 4 June 2007 the Max Planck Institute for Comparative and International Private Law in Hamburg celebrated the official opening of its newly expanded facilities.  In front of numerous guests from in and outside Germany, Hamburg's Senator for Science and Research, Jörg Dräger, Ph.D. (Cornell U.), stressed the significance of the Max Planck Institute and its foundational research in comparative law upon the role of Hamburg as a center of scholarship: The Max Planck Institute works closely with Hamburg’s higher education institutions, particularly the University of Hamburg and the Bucerius Law School; the expertise of the Max Planck Institute, above all else in the field of legal harmonisation, is remarkably suited to the international orientation of Hamburg; and the Institute is a powerful magnet for talent from around the globe. Thus, the expansion further boosts the academic profile of Hamburg into a “city of talents”. The comments by Professor Dr. Hans-Heinrich Trute, Dean of the Law Faculty at the University of Hamburg, Professor Dr. Karsten Schmidt, President of the Bucerius Law School, and Professor Dr. Dr. Klaus J. Hopt, Managing Director of the Max Planck Institute also addressed the numerous bonds between the Max Planck Institute and Hamburg’s other centers of higher learning and emphasized the cooperative benefit shared by all concerned. The President of the Max Planck Society, Professor Dr. Peter Gruss referred to the interdependence of all the branches of academic scholarship – natural sciences and the humanities – and highlighted the significance of comparative law research for the process of Europeanisation and Globalisation. Referring to an assessment by the Institute’s Scientific Advisory Board, Gruss concluded, the Max Planck Institute for Comparative and International Private Law is within its fields of study a lighthouse in German and European academia.

Auditors Should be Allowed to Limit Liability by Agreement: Hamburg's Max Planck Institute Publishes Comments on EU Working Paper

 

Statutory auditors are key players for international financial markets.  Auditing mistakes at larger firms can result in liability extending into the millions.  Consequently the EU Commission published a working paper and invited comments on the question of how auditors can be protected from existence-threatening liability.

Researchers of the Max Planck Insitute for Comparative and International Private Law in Hamburg have published their comments on the proposals of the EU Commission:  the audited company and the auditors should be given the opportunity to limit liability in individual cases to a reasonable amount.  Investors and interested third parties can be better protected through judicial review of the liability level than by a single monetary cap throughought the EU.   

Members of the Working Group: Walter Doralt, Alexander Hellgardt, Klaus J. Hopt, Patrick C. Leyens, Markus Roth and Reinhard Zimmermann

haftungabschlusspruefer_2007_03.pdf (21.5 kB)

max_planck_comments_on_the_commission_staff_working_paper.pdf (60.01 kB)

Deutsches Aktieninstitut (DAI) Award 2006 for Dr. Patrick C. Leyens

The Deutsches Aktieninstitut (DAI) honors Dr. Patrick C. Leyens, LL.M. (London), Research Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg, with the DAI Academic Award 2006 for his dissertation on corporate governing boards.

The Deutsches Aktieninstitut (DAI) Academic Award is conferred annually to honor outstanding dissertations whose research promotes either investment in securities or corporate finance. Evaluations and decisions regarding the bestowal of awards lies with the Advisory Committee of the DAI. A monetary prize award will be conferred at the Annual Meeting of the DAI in Frankfurt am Main on 27 March 2006. Dr. Leyens has already been honored for his dissertation with the Max Planck Society's Otto Hahn Medal. The work was published in 2006 by Mohr Siebeck, Tübingen under the title "Information des Aufsichtsrats – ökonomisch-funktionale Analyse und Rechtsvergleich zum englischen Board“.

pm_leyens_200703122.pdf (16.98 kB)

Research Cooperation Contributes to a Private Property Milestone in China: Chinese Property Law Passed

After many years of controversial debate, the People's Congress of of the People's Republic of China today approved a law covering private property. The law is a milestone on the road towards the formulation of a comprehensive Chinese civil code. Central to the law is the official and principle recognition of private property, carrying a significance for the development of the Chinese legal and economic system that can hardly be overstated.   With the law's passage, many problems in the areas of credit security and rights of use that until now had remained uncertain have been solved.   Dr. Gebhard M. Rehm, Research Fellow with the Max Planck Institute for Comparative and International Law contributed intensively to the formulation of the law through his participation at numerous GTZ (Gesellschaft für Technische Zusammenarbeit) sponsored symposia and workshops focusing on the draft proposal.

East Asia (China, Korea, Japan) have for many years represented a regional point of emphasis at the Max Planck Institute for Comparative and International Law in Hamburg, which is dedicated to foundational research in the field of comparative law. In numerous ways the Institute supports legal reform in the People's Republic of China. In November 2006 at the Hamburg Insititute a first symposium took place on the planned law regarding international private law, and in the same month Dr. Rehm and Dr. Knut Benjamin Pissler, China Research Fellow on the Institute, participated at a further symposium on the this topic in Peking. Additionally, the Max Planck Institute was already in 2005 the host to a workshop on the planned tort law. Furthermore, the Institute participated significantly on the configuration of research structures for academic exchange and cooperation programs with China, among others the founding of the "European China Law Studies Association", involvement with LL.M. "Asian-European Business Transactions" program of study and the Instititute sponsored "Hamburger Vorträge zum Chinesischen Recht" (Hamburg Lectures on Chinese Law).

International Research Cooperation with a European Impact

The Hamburg Max Planck Institute for Comparative and International Private Law has for many years supported legal reform in the former socialist nations of Southeast Europe. In shared research projects with scholars from these countries, at international symposia and through intensive cooperation in the formulation of new laws, the Max Planck Institute has with its expertise in international and comparative law contributed to the reformation of the legal systems in these nations and helped to make them “fit” for modern Europe. Numerous guest scholars and Institute stipend recipients from Southeast Europe have conducted research at the Max Planck Institute for Comparative and International Private Law and have thereby contributed to Hamburg’s enjoying a reputation for research excellence in the fields of comparative and international law extending well beyond Germany’s borders.

Several of these scholars have recently been appointed to high European legal positions. In connection with the entrance of Romania and Bulgaria into the EU this year, Prof. Camelia Toader (Bucharest) and Prof. Teodor Tchipev (Sofia) have been respectively named judges of the Court of Justice of the European Communities and the Court of First Instance. Additionally, Prof. Verica Trstenjak (Ljubljana), who acted as judge in the Court of First Instance from 2004-2006, has since 7 October 2006 served as general secretary at the Court of Justice.  For a considerable time, all three have been closely tied to the Hamburg Max Planck Institute for Comparative and International Private Law, in particular through multiple research stays, as stipend recipients of the Institute and through their membership as Friends of Institute. Each of them participated in projects that were dedicated to legal reform in their home countries and that were academically and collegially supported by the Institute.

Prof. Toader was previously a professor on the University of Bucharest. Concurrently, from 1997-1999 she led the Department for European Integration in the Romanian Ministry of Justice and subsequently served as judge on the Romanian high court. Her appointment to the Court of Justice runs through 6 October 2009.

Prof. Tchipev sat as faculty member at the University of Plovdiv in Bulgaria. From 1991-1994 he sat as a judge on Bulgaria’s Constitutional Court; thereafter he served from 1994-1995 in the Ministry of Justice. Of particular note is also his involvement in the first codification of Bulgarian private international law, an effort whereupon the procedural law section was conceptualised primarily during a research stay at the Hamburg MPI. His period of office as judge with the Court of First Instance extends until the 31st of August, 2007.

Prof. Trstenjak served as a professor at the University of Maribor. Contemporaneously she acted as state secretary in the Slovenian Ministry of Research and Technology. In 2000 she served as general secretary of the Slovenian government. Among other honours and activities, she is a Humboldt Fellow and a member of the Study Group on a European Civil Code, in which the Max Planck Institute also participates. Court of Justice general secretaries are appointed for a six-year term.

• Last update: 30 Jun. 2011
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