Researchers of the Max Planck Institute for Comparative and International Private Law Participate in the 67th German Jurists Forum and Report on its Results
29.09.2008
The largest German legal conference of the year, the 67th German Jurists Forum in Erfurt, witnessed approximately 2,700 judges, attorneys, university professors and in-house counsel address current legal questions in six separate sections. Attending from the Max Planck Institute for Comparative and International Private Law in Hamburg and playing roles of special importance were Prof. Klaus J. Hopt, Dr. Markus Roth and Dr. Felix Steffek.This year's Jurists Forum included a focus on reform proposals in the areas of of stock market law (Business Law Section) and mediation (Mediation Section). The Max Planck Institute contributed to the Business Law Section through the participation of Prof. Klaus J. Hopt as chairman of the section and through Privatdozent Dr. Markus Roth serving as reporter. In the area of mediation, a central role was played by the comparative law report authored on the Institute and edited by Prof. Klaus J. Hopt and Dr. Felix Steffek. At the close of the four-day congress, the participants of the subject matter sections voted on specific proposals currently facing legislators. In the past, such recommendations have been routinely taken into account in subsequent legislation and jurisprudence.
Dr. Markus Roth, senior research fellow at the Max Planck Institute for Private Law assessed the results of the Jurists Forum and their consequences for legal research at the Institute as follows: “By looking at the distinction between listed and unlisted companies, the Business Section of the German Jurists Forum has focused on a topic which will be the subject of Institute research for many years to come. For companies listed at the stock market the Jurists Forum has taken a necessary first step with its proposals for compensation based on share price as well as a two instance judicial review process. A more acute need for action is presented by the law governing governing shareholder action against resolutions of the general meeting; here the German Jurists Forum has called for foundational reform.”
Dr. Felix Steffek, also a senior research fellow at the Max Planck Institute for Private Law added: „Comparative law perspectives rightly played a significant role in the deliberations of the Mediation and Business Law Sections at the Jurists Forum. The study on mediation which the Institute prepared on behalf of the Federal Ministry of Justice established that the legal systems of Europe and the world have developed effective regulatory models and have gathered a wealth of regulatory experience. If we can successfully bring this knowledge to bear, then the upcoming implementation of the European Mediation Directive into German law will be a striking success.”