Münchener Kommentar zum GmbH-Gesetz Released in Full
25.01.2012
Following the publication of Volume 1 (§§ 1 - 34, 2494 pages) and Volume 2 (§§ 53 - 85, 1272 pages) in 2010 and 2011, the work has now been completed with the release of Volume 3 (§§ 35 - 52, 1537 pages). [more]
More Legal Certainty for International Transactions falling under Chinese Civil Law
17.01.2012
Knut Benjamin Pißler assists with the translation of the "Regulation on the Causes of Civil Action" promulgated by the Chinese Supreme People’s Court. [more]
Corporate Governance after the Financial and Economic Crisis
22.11.2011
The financial and economic crises are challenging us to define the principles and objectives of modern commercial law in an international context. Their formulation was the topic of a Cusanuswerk conference undertaken from 29 October through 1 November 2010 in Bonn. Felix Steffek, Senior Research Fellow at the Max Planck Institute for Comparative and International Law, has along with Christoph Allmendinger, Friederike Dorn, Thomas Lang and Stephanie Lumpp edited a resulting conference volume which has recently been published by Mohr Siebeck. [more]
Applicable Law and Efficiency: Economic Foundations of Private International Law
18.11.2011
Private international law aims to facilitate the handling of cross-border transactions. Empirical studies, however, show that the volume of commercial transactions between two different countries is significantly smaller than volume of transactions inside one country - this even being the case when the countries at issue have substantially liberalised commerce and are linguistically as well as culturally similar. Does this suggest that private international law is not capable of solving the problems associated with international transactions? Or is rather its configuration inadequate when considered from an economic perspective? [more]
Licenses as Collateral in Comparative Perspective
27.10.2011
Gabriele Koziol analyses the civil law bases for the use of intellectual property licenses as collateral in Germany, Austria and Japan. [more]
Core Reference Work with respect to Current Legal Developments in the Yugoslavian Successor Nations
20.10.2011
Newly released single-volume reference work assembles the most important international, European, and national legal sources on international private law and presents parallel English and Croatian versions of the texts alongside one another. As a result, all of the Yugoslavian successor nations will for the first time be able to readily access a work bringing together the sources most relevant for their current legal development. [more]
Corporate Law and Creditor Protection in International Civil Procedure
10.10.2011
Creditor protection in respect of limited liability corporations is a topic assuming an increasingly central role in corporate law and private international law. Whereas the scholarly discussion has primarily focused on substantive law issues and the appropriate connecting factors from a private international law perspective, the question of international civil procedure has thus far received relatively little attention. [more]
Library of the Max Planck Institute for Private Law Acquires its 500,000th Volume
04.10.2011
The Hamburg Max Planck Institute for Comparative and International Private Law is home to a unique library whose holdings in the field of civil law are world renowned. With the acquisition of the English version of the Civil Code of Qatar, the 500,000th volume has been added to its collection. Prof. Dr. Holger Knudsen, Director of the library, displays the new acquisition at a ceremony commemorating the milestone. [more]
Behavioral Economics in Commercial and Economic Law
05.09.2011
Prof. Dr. Holger Fleischer, Dipl.-Kfm., LL.M., Director at the Max Planck Institute for Comparative and International Private Law, and Prof. Dr. Daniel Zimmer, LL.M., Bonn, are the editors of a volume considering the significance of behavioral economics in commercial and economic law. The publication represents Germany's first reference work on the potential applications and limitations of behavioral economics in company law, capital market law, cartel law and unfair competition law.
Convergences and divergences in German, Swiss and Austrian company and capital market law.
02.09.2011
Current and fundamental questions regarding GmbH, stock and capital market law considered from German, Austrian and Swiss perspectives make up the content of a new conference volume collectively edited by Prof. Dr. Holger Fleischer, Director at the Hamburg Max Planck Institute for Comparative and International Private Law, Prof. Dr. Susanne Kalss, Wirtschaftsuniversität Wien and Hans-Ueli-Vogt, University of Zürich. [more]
New study provides comprehensive overview of liability issues associated with the Fukushima nuclear disaster
15.08.2011
In an article published in the Zeitschrift für Japanisches Recht / Journal of Japanese Law [“Die Haftung für Nuklearschäden nach japanischem Atomrecht – Rechtsprobleme der Reaktorkatastrophe von Fukushima I” (Liability for Nuclear Damages pursuant to Japanese Atomic Law – Legal Problems Arising from the Fukushima I Nuclear Accident) (ZJapanR 31, 2011)] Julius Weitzdörfer, Research Associate with the Japan Unit of the Max Planck Institute for Comparative and International Private Law, examines the legal challenges currently facing the Japanese judiciary, government and economy in the aftermath of the nuclear disaster. [more]
Banking Corporate Governance Handbook
22.07.2011
A new Handbook focussing on the specific issues of management and corporate governance in the banking sector has just been released, edited by Prof. Dr. Dr. Dr. h. c. mult. Klaus J. Hopt, Director emeritus of the Max Planck Institute for Comparative and International Private Law and economist Gottfried Wohlmannstetter M.Sc., member of the Executive Board of Barclays Bank. This is the first independent book publication on this topic in Germany.
Institute participates in the preparation of the new edition of the UNIDROIT Principles. Reinhard Zimmermann formulates rules on restitution in case of failed contracts.
18.07.2011
The UNIDROIT Principles of International Commercial Contracts were first published in 1994 and later followed by a second edition in 2004. The Principles are taken by legislators worldwide as a model for contract law reform and are increasingly used in international contracting and arbitration practice, as well as by the courts to interpret and supplement the applicable domestic law. [more]
Three Articles on the Reform of the Brussels I Regulation Featured in Current Issue of RabelsZ
13.07.2011
Three Institute scholars evaluate the European Commission's proposal on the reform of Regulation 44/2001, the so-called Brussels I Regulation.
"Programme in European Private Law for Postgraduates" (PEPP) Accepting Applications
15.06.2011
Six travel stipends to be awarded to Hamburg doctoral candidates working in the field of private law in association with EU law.
China Unit presents German translation of the new Republic of China (Taiwan) private international law provisions
01.06.2011
Simultaneous to their entry into force, on 27 May 2011 the China Unit of the Institute has completed a German translation of the new Republic of China on Taiwan private international law provisions. The text is available as a PDF download at the webpage of the China Unit. [more]
Max Planck Institute for Comparative and International Private Law supports successful participation of University of Hamburg moot court team
16.05.2011
The successful participation of the University of Hamburg team at this year's Willem C. Vis International Commercial Arbitration Moot is also a proud reflection of the commitment of the Max Planck Institute for Comparative and International Law to supporting tomorrow's generation of lawyers and scholars.
Directors' Duties in the English Limited – Companies Act
11.05.2011
As a consequence of the jurisprudence of the European Court of Justice, it is obligatory for each EU Member State to recognize corporate entities validly formed under the company law of another Member State. The result has been the rapid spread of the English limited company (Ltd.) over the course of the last decade, this phenomenon being witnessed also in Germany and Austria. This can be explained in great part by the speed, ease and cost-effectiveness with which an English limited liability company may be established, requirements of minimum capital and employee codetermination being non-existent. Because of this sudden emergence of systemic competition, one has also observed significant reform pressure falling upon the law governing the German GmbH.
Max Planck Institute for Comparative and International Private Law Highlights New Chinese Legislation in the Field of Mediation
01.03.2011
With the first German translation of the "Law of the People's Republic of China on People's Mediation" (entered into force on 1 January 2011), the Institute has laid another milestone in its work on the ongoing development of law in China, this time in the field of mediation. The German version, prepared by Knut Benjamin Pißler is available as a PDF Download at the China Unit's website. [more]
"Private Law in Eastern Europe – Autonomous Developments or Legal Transplants?"
01.02.2011
East European legal developments considered from a broader European perspective. [more]
Paving the Way Towards a European Contract Law
28.01.2011
The Institute submits its comments on the Commission's Green Paper on policy options for progress towards a European contract law for consumers and businesses. [more]
Handbuch zum japanischen Handels- und Wirtschaftsrecht (Encyclopedia of Japanese Commercial and Business Law)
20.01.2011
Edited by Harald Baum, Head of the Japan Unit at the Max Planck Institute for Comparative and International Private Law and Moritz Bälz, Professor of Japanese Law and its Cultural Foundations at the Goethe-Universität Frankfurt am Main, the "Handbuch Japanisches Wirtschafts- und Handelsrecht" (Encyclopedia of Japanese Commercial and Business Law) stands as the most comprehensive compilation of these materials ever assembled in the German language. Hailing from Germany, Japan and Australia, the circle of authors comprises 38 renowned scholars and practitioners expert in Japanese law. [more]
Comments from the Working Group on Auditor Independence on the EU Green Paper: "Audit Policy: Lessons from the Crisis"
14.12.2010
Hamburg, 10 December 2010 – The Max Planck Working Group on Auditor Independence at the Max Planck Institute for Comparative and International Private Law has submitted comments to the EU Green Paper "Audit Policy: Lessons from the Crisis“ (COM 2010, 561 final from 13.10.2010). [more]
Max Planck Institute for Comparative and International Private Law Publishes German Translation of New Chinese Rules on Private International Law
15.11.2010
On 28 October 2010 the Standing Committee of the National People's Congress enacted and announced a new act on the applicable law in respect of civil matters having an international element. It will take effect on 1 April 2011. A first German translation of the law has been prepared by Knut Benjamin Pißler of the Institute's regional unit on China. A PDF copy is available for download at the Unit's webpage. [more]
New Research Group Dedicated to German and European Service Contract Law
09.11.2010
Under the leadership of Dr. Martin Illmer, a new research group has commenced its work at the Max Planck Institute for Comparative and International Private Law. Over a period of five years, the group will research the law of service contracts from a comparative perspective, focussing on German, French and English law as well as proposed European models for a law of service contracts. The aim of the group’s research is a matrix which could serve as a basis for different models regulating the (private) law of service contracts. [more]
Convergence and Divergence in Private International Law
08.11.2010
On the occasion of his 75th birthday, 50 renowned figures in the field of private international law have dedicated an ambitious and a wide-ranging Festschrift to their friend, teacher and colleague Kurt Siehr, long-standing researcher and academic staff member of the Max Planck Institute for Comparative and International Private Law. [more]
Joint and Several Liability
28.10.2010
Sonja Meier, former research fellow at the Max Planck Institute for Comparative and International Private Law, presents a critical examination of the modern German law of joint and several liability, or solidary obligations, against the background of Roman law, the ius commune, other continental European laws and the European unification projects.
Market Power and Exclusionary Conduct
22.10.2010
Wolfgang Wurmest, former Institute research fellow and now professor of law at the University of Hannover, assesses the regulation of abusive practices by market dominant firms. [more]
Ancient Capital Associations
19.10.2010
A contribution to the conceptual and historical foundation of stock corporations
Absent stock corporations, as conceded even by Friedrich Engels and Karl Marx, a great number of the milestones of social advancement - such as rail transport, fertiliser and medicine - would have remained beyond the reach of many individuals for a lengthy if not indefinite period of time on account of insufficient financial resources. Capital associations such as the German Aktiengesellschaft, the English company, the French Société Anonyme or the Dutch Naamloze Vennootschap thus number among the most influential organisational forms developed by mankind.
Private Law Reform in South East Europe – Festschrift for Dr. Christa Jessel-Holst
05.10.2010
For her dedication to the topic of legal development in South East Europe, legal scholars and practitioners from German-speaking and South Eastern European regions have presented a festschrift to Dr. Christa Jessel-Holst, Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law. Edited by Prof. Dr. Mirko Vasiljević, dean of the law faculty at the University of Belgrade, Priv.-Doz. Dr. Rainer Kulms, Prof. Dr. Tatjana Josipović and Prof. Dr. Maja Stanivuković, the work comprises 32 German-, English- and Serbian-language essays in the fields of civil law, business law and private international law. [more]
"Unternehmen, Markt und Verantwortung" – Festschrift Honouring Klaus J. Hopt on his 70th Birthday
21.09.2010
On the occasion of his 70th birthday, former Institute Director and Emeritus Scientific Member of the Max Planck Society, Klaus J. Hopt, has been honoured with the release of the Festschrift "Unternehmen, Markt und Verantwortung" (Firms, Markets and Responsibility) .
The volume was conferred on Professor Hopt by a group of his former post-doctoral candidates at an Institute ceremony attended by 170 guests from in- and outside Germany on 11 September 2010. Two weeks earlier, over 60 guests from non-German-speaking countries travelled to the Institute to celebrate with the honoree. 14 countries were represented at that time, including guests from the USA, Australia, Japan and Korea as well as numerous European states.
Intellectual Property in the Global Arena
30.08.2010
Comparative analysis of the most important research projects in the USA, Europe and Japan explores current views from an international perspective. [more]
Institute Summer Programs Support the Next Generation of International Legal Scholars
12.08.2010
With its sponsorship of two summer programs, the Institute reaffirms its commitment to junior researchers from around the globe. On 19 August 2010, students from the China-EU School of Law will participate in an introductory seminar on European private law being led by Institute staff members. In the following week, from 23-27 August, Israeli law students will meet with Hamburg’s resident legal experts for the 13th instalment of the now-traditional Hamburg-Tel Aviv Workshop. [more]
Legal Practice and Legal Culture in Brazil and Latin America
05.08.2010
A collection of legal essays offering international and regional perspectives. [more]
Overcoming Information Deficits in the Determination of Requisite Facts
14.07.2010
The Enforcement Directive as a starting point for the introduction of a general duty of disclosure in German civil law (Dissertation by Gerrit M. Beckhaus). [more]
Stock Corporation and Capital Market Law: The Latest Reforms and Academic Perspectives from Germany, Austria and Switzerland
12.07.2010
Shareholder democracy versus managerial powers, the duty of confidentiality versus the duty to supply information in corporations, transparency of ownership in light of modern financial instruments and the freedom of establishment in GmbH governance - these were the central topics addressed by German, Austrian and Swiss scholars on 20 and 21 May 2010 at a comparative law symposium held at the Institute at the invitation of Holger Fleischer. [more]
Empirical Legal Studies – A Discussion on an Expanding Approach to Research
12.07.2010
Empirical legal studies, already widespread in the USA, is gradually gaining in influence in Germany. On 30 June and 1 July 2010 the Institute hosted a seminar given by Prof. Jonathan Klick (University of Pennsylvania) addressing this new field of study. [more]
An Introduction to Korean Law
13.07.2010
New publication highlights Institute expertise in East Asian civil law. [more]
"Private Law: The Path to Europe" – Current Institute Research on the Harmonisation of Private Law in the European Union
01.07.2010
The Europeanisation of private law and private law scholarship has been a focal point of research at the Institute for a considerable time. Against the backdrop of an increasing volume of cross-border matters grounded in private law, this effort represents an academic task of sizeable significance. [more]
The Disclosure of Agency
28.06.2010
A study of German and British law and the international regulatory models (Dissertation by Dominik Moser). [more]
The European Union and Uniform Private Law Conventions
20.04.2010
Jan Bischoff compares in his doctoral dissertation the different development of uniform law and EU private law in order to show possible conflicts as well synergies. [more]
"Comparative Legal Research on Eurasian Law": Program for junior scholars begins in Hamburg
14.06.2010
With Zhannat Dosmanova from Kazakhstan, Sherzodbek M. Masadikov from Uzbekistan and Tamar Zarandia from Georgia, three junior scholars from the Caucasus and Central Asia have taken up their research work at the Institute. Thereby, the first round of the "Comparative Legal Research on Eurasian Law" graduate program is underway. Founded in 2009 with the support of the Volkswagen Foundation, a total of nine scholarships will be awarded over a three-year period. The next three scholarships will be distributed for the period beginning in January 2011. [more]
European Law of Succession: The Institute’s Comments on the European Commission Proposal
31.03.2010
The Institute has submitted comprehensive comments on and suggestions for a uniform approach to cross-border successions in the European Union. [more]
Standard Contract Terms, Unilaterally Imposed Contract Terms and the General Principles of Contract Law
26.03.2010
Phillip Hellwege examines in his post-doctoral dissertation the traditional assumption that the law of standard contract terms is a product of the 20th century. [more]
Intellectual Property and European Civil Procedure Reform
17.03.2010
Dr. Christian Heinze, researcher at the institute presented the preliminary findings of the “Conflicts of Law in Intellectual Property” (CLIP) research project at a two day conference in Madrid (15th-16th March) organised by the Spanish President of the EU and the European Commission. [more]
Transnational Protection against Discrimination - The International Private Law of Anti-Discrimination
01.02.2010
How is the applicable anti-discrimination law to be determined in individual cross-border cases? Jan D. Lüttringhaus answers this question on the basis of an increasingly Europeanised body of private international law (PIL). [more]
The Codification of Civil Law in Brazil
17.11.2009
The enactment of the Brazilian Civil Code of 2002 is the point of departure for Jan Peter Schmidt's comprehensive comparative study of Brazil's often neglected private law. [more]
Jürgen Basedow Presented with Festheft of the Rabel Journal
19.10.2009
On the occasion of his 60th birthday, Professor Jürgen Basedow, Director at the Max Planck Institute for Comparative and International Private Law, was presented with a Festheft published by the Rabel Journal of Comparative and International Private Law. [more]
Principles of European Insurance Contract Law published
17.10.2009
The Principles of European Insurance Contract Law (PEICL) have been published by Sellier European Law Publishers, Munich. [more]
Encyclopaedia of European Private Law
22.09.2009
Hamburg MPI for Private Law publishes comprehensive two-volume compendium for scholars and practitioners [more]
Passing the Baton: Prof. Holger Fleischer assumes the mantle from Prof. Klaus J. Hopt
17.09.2009
The Max Planck Institute for Comparative and International Private Law in Hamburg celebrated a changing of the guard on the 9 September 2009, as Prof. Holger Fleischer assumed the mantle of directorship from Prof. Klaus Hopt. [more]
New Post-Graduate Program: “Comparative Studies on Eurasian Law"
28.07.2009
MPI to begin program supporting junior researchers from the Caucasus and Central Asia who are interested in the comparative study of civil and economic law. [more]
Second draft of the Principles for Conflict of Laws in Intellectual Property published
28.07.2009
The CLIP Group has submitted for discussion further proposals for the advancement of private international law and procedure in the field of intellectual property. [more]
Changes in God's Law:
An Inner Islamic Comparison of Family and Succession Laws
04.06.2009
Since April of this year a research group on family and succession law in Islamic countries has been working at the MPI for Private Law. The research group is being supported by the Max Planck Society over a five year period. [more]
Financial Market Stabilisation Act: Institute studies the acquisition of system-relevant banks
18.05.2009
In connection with the Financial Market Stabilisation Act (FMStG), scholars of the Max Planck Institute for Private Law have completed two studies which examine under what conditions the state can acquire unlimited control of system-relevant banks. Participants include Klaus J. Hopt as well as Daniel Annoff, Andreas M. Fleckner, Christoph Kumpan and Felix Steffek. [more]
First draft version of the Principles for Conflict of Laws in Intellectual Property published
04.05.2009
The European Max Planck Group on Conflict of Laws in Intellectual Property (CLIP) has published a first draft of the „Principles for Conflict of Laws in Intellectual Property". The draft version is intended to promote scholarly debate and, as such, the authors welcome comments and criticism. A second draft version is foreseen for release in October 2009 in Munich. The final version, including an annotated commentary, is to be published in 2010. [more]
Conference Report „Private Law in Eastern Europe – Autonomous Developments or Legal Transplants?
29.04.2009
On 27 and 28 March 2009 a conference titled "Private Law in Eastern Europe – Autonomous Developments or Legal Transplants?" took place at the Max Planck Institute for Comparative and International Private Law in Hamburg. The conference, co-hosted by the Institute for East European Law of the University of Kiel, assembled scholars from Eastern and Southeastern Europe as well as international experts from the European Bank for Reconstruction and Development and the Gesellschaft für Technische Zusammenarbeit (GtZ). [more]
Feasibility Study on a European Foundation Statute
16.03.2009
In our globalised world, foundations increasingly serve aims and purposes which do not recognise a national border. Many of their wide-ranging endeavours impact not only individual countries, but an array of nations in terms of registration, sponsorship and tax law consequences. As the result of a recent cooperative effort, the Max Planck Institute for Comparative and International Private Law Hamburg, the University of Heidelberg (Centre for Social Investment, CSI) and the Law Faculty of Heidelberg have completed a feasibility study on behalf of the EU Commission. [more]
China-EU School of Law trains European jurists on investing in China
10.03.2009
Professional training for lawyers, scholars and entrepreneurs [more]
Private Pensions: Occupational and Individual Pensions: A Comparative Survey
29.01.2009
With his comprehensive comparative law study, „Private Altersvorsorge: Betriebsrentenrecht und individuelle Vorsorge“, Dr. Markus Roth, Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg, examines the legal structures controlling individual as well as occupational pensions. By comparing German law with foreign schemes and also taking into account related academic disciplines such as economics and the social sciences, the first-of-its-kind overview aims to create a foundational basis for the development of a sustainable legal framework for privately funded retirement programs. [more]