What makes a family? The answer is shifting and expanding to accommodate growing diversity. Senior research fellow at the Institute Denise Wiedemann and senior research fellow alumnus Konrad Duden have edited a collection of articles devoted to examining these shifts.
From 1857 until 1970, there was a peculiar cause of action in English law that foreign observers regarded with incredulity. On the basis of a statutory provision, husbands whose wives had taken a paramour could sue the other man for money damages. Former senior research fellow at the Institute Eike Götz Hosemann wrote his doctoral thesis on this infamous tort.
Company and capital markets lawyers from Austria, Germany and Switzerland met at the Institute in June, 2022 to examine the governance structure of stock corporations in the three countries. The collected proceedings have now been published in a conference volume. It was the eleventh consecutive Swiss-German-Austrian symposium of its kind.
The German Federal Constitutional Court’s publication on 29 March 2023 of its decision on the Act to Combat Child Marriages occasioned the Institute to hold an online symposium for interdisciplinary analysis of the topic. A collection of papers from the symposium has now been published open access in an online-first edition of the Rabel Journal.
Raphael de Barros Fritz is a former research associate at the Institute. His dissertation addresses the perennial and difficult conflict of laws question of how to characterize rules that are intended to protect forced heirs from being disadvantaged when decedents have made lifetime dispositions of property.
In her dissertation, Ruth Effinowicz, head of the Institute’s Centre of Expertise on Japan, analyses the legal framework developed in post-1945 Japan to govern the activities of Japan’s armed forces, known as the Japan Self-Defence Forces. Her study focused in particular on the very strict rules for foreign deployments.
Jürgen Samtleben, former head of the Institute’s department on Latin America, has authored numerous articles over the years on private international law and international civil procedure in Latin America. These contributions have now been updated and systematically organized into a single volume, thereby offering a unique overview of the conflict…
The doctoral dissertation of Biset Sena Güneş, head of the Institute’s Centre of Expertise on Turkey, comparatively analyses the European Succession Regulation, the Turkish Private International Law Act of 2007, and the Turkish-German Succession Treaty of 1929. Her study focuses in particular on conflict-of-law issues and procedural questions that…
In his recently published Habilitation thesis, Konrad Duden, former research fellow at the Max Planck Institute for Comparative and International Private Law, focuses his inquiry on the Internet of Things. In so doing, he examines the extent to which a connected device’s digital use is protected by virtue of that user’s owning or possessing the…
Inter vivos gifts and testamentary dispositions are the most important legal institutions providing for the transfer of assets without an expectation of counter-performance. Where the motives for doing so have been based on false assumptions, the question of restitution arises. In his doctoral dissertation Luca Wimmer, former research associate at the Institute, examinesthe legal situation in Germany, France and Austria.
Proportionality is not exclusively a public law concept but also plays an important role in private law. A May 2022 conference held at the Max Planck Institute for Comparative and International Private Law explored this topic intensively, examining the private law forms and functions of proportionality from the perspectives of multiple…