Stefan Grundmann

et al.

Hanno Merkt

Brigitte Haar

Klaus J. Hopt, der am 24. August 2010 seinen 70. Geburtstag feiert, ist einer der renommiertesten Rechtswissenschaftler Deutschlands und darüber hinaus einer der bedeutendsten international wirkenden deutschen Juristen der letzten Jahrzehnte. Die hiermit zu diesem Anlass vorgelegte Festschrift unter dem Titel "Unternehmen, Markt und Verantwortung" spiegelt in den Beiträgen von ca. 200 deutschen und internationalen Autoren zu Themen aus den Bereichen Privatrecht, Unternehmensrecht, Bank- und Kapitalmarktrecht, Wirtschaftsrecht, Markwirtschaft und Rechtsdurchsetzung sowie zahlreichen internationalen Fragestellungen die ganze Bandbreite des Wirkens und des Werkes von Klaus J. Hopt wider.

Unternehmen, Markt und Verantwortung

Festschrift für Klaus J. Hopt zum 70. Geburtstag am 24. August 2010

Professor of Transnational Private and European Business Law European University Institute Florence and Professor of Private Law Business Law and Legal Theory Stefan Grundmann

Ulrich Fürst

Architects and artists have always acknowledged over the centuries that Rome is rightly called the 'eternal city'. Rome is eternal above all because it was always young, always 'in its prime'. Here the buildings that defined the West appeared over more than 2000 years, here the history of European architecture was written. The foundations were laid even in ancient Roman times, when the first attempts were made to design interiors and thus make space open to experience as something physical. And at that time the Roman architects also started to develop building types that are still valid today, thus creating the cornerstone of later Western architecture. In it Rome's primacy remained unbroken -- whether it was with old St Peter's as the first medieval basilica or new St. Peter's as the building in which Bramante and Michelangelo developed the High Renaissance, or with works by Bernini and Borromini whose rich and lucid spatial forms were to shape Baroque as far as Vienna, Bohemia and Lower Franconia, and also with Modern buildings, of which there are many unexpected pearls to be found in Rome. All this is comprehensible only if it is presented historically, i. e. in chronological sequence, and so the guide has not been arranged topographically as usual but chronologically.This means that one is not led in random sequence from a Baroque building to an ancient or a modern one, but the historical development is followed successively. Every epoch is preceded by an introduction that identifies its key features. This produces a continuous, lavishly illustrated history of the architecture of Rome -- and thus at the same time of the whole of the West. Practical handling is guaranteed by an alphabetical index and detailed maps, whose information does not just immediately illustrate the historical picture, but also makes it possible to choose a personal route through history.

An Architectural History in 400 Individual Presentations

The Architecture of Rome

Philipp Hacker

Chair for Civil Law German European and International Private Law Stefan Grundmann

This book provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network.

The Social Science and the Law of Decision Making

Theories of Choice

Anja Mengel

Gregor Bachmann

Kaspar Krolop

Die Festschrift ist Frau Professor Christine Windbichler zum 70. Geburtstag gewidmet. Das renommierte Herausgeber- und Autorenteam aus profilierten Gesellschaftsrechtlern würdigt die Jubilarin, die als Ordinaria an der HU Berlin und nicht zuletzt über ihre Autorenschaft im Großkommentar zum AktG über lange Jahre das deutsche Gesellschaftsrecht mit prägte.

Festschrift Für Christine Windbichler Zum 70. Geburtstag Am 8. Dezember 2020

Michael Kloepfer

Christoph G. Paulus

The law department was founded together with the University of Berlin in 1810 by King Friedrich Wilhelm III. Many well-known attorneys have taught at the University of Berlin: Friedrich Carl von Savigny in the early years, followed by distinguished persons such as Levin Goldtschmidt, Otto von Gierke, Josef Kohler, Rudolf Smend, Martin Wolff, Ernst Rabel and Friedrich von Liszt. The commemorative publication History and the Present is published in honor of the 200-year anniversary of the law department.

Geschichte, Gegenwart und Zukunft

Festschrift 200 Jahre Juristische Fakultät der Humboldt-Universität zu Berlin

Moritz Renner

Hans Micklitz

New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.

A Pluralist Approach

New Private Law Theory

Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can be understood as an atomic structure that grounds core societal processes. In recent years, however, the debate over the right way to theorize choice - for example, as a rational or a behavioral type of decision making - has intensified. This collection provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network. In its first part, the volume provides an accessible overview of the current debates about rational versus behavioral approaches to theories of choice. The remainder of the book structures the vast landscape of theories of choice along with three main types: individual, collective, and organizational decision making. As theories of choice proliferate and become ever more sophisticated, however, the process of choosing an adequate theory of choice becomes increasingly intricate. This volume addresses this selection problem for the various legal arenas in which individual, organizational, and collective decisions matter. By drawing on economic, technological, political, and legal points of view, the volume shows which theories of choice are at the disposal of the legally relevant decision-maker, and how they can be operationalized for the solution of concrete legal problems. The editors acknowledge the kind support of the Fritz Thyssen Foundation for an exploratory conference on the subject of the book.

Hans-W Micklitz

In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.

Beacon for Advanced Integration or Death-Knell for Democracy?

The European Banking Union and Constitution

German civil law political theory is not in high demand these days. However, political theory is important for establishing an overall picture of German civil law and portraying an image of German civil law to Europe and beyond. This is especially true in times when ideas are widely circulated and the circulation itself can be useful for influencing transnational legal realities. The collected essays on German civil law instructors presented in this work aim to contribute to just such a political theory. This two volume edition is based on the lecture series “20th Century German Civil Law Instructors Described by their Students” that was held at the Humboldt-Universität Berlin, the Europa-Universität Viadrina at Frankfurt (Oder), and the Ruhr-Universität Bochum.

Eine Ideengeschichte in Einzeldarstellungen

Deutschsprachige Zivilrechtslehrer des 20. Jahrhunderts in Berichten ihrer Schüler Band 1

Karl Riesenhuber

Die Ideengeschichte der deutschsprachigen Zivilrechtswissenschaften hat nicht wirklich Konjunktur. Dennoch tut solch eine Ideengeschichte Not: für eine Besinnung auf das Gesamtbild in den deutschsprachigen Rechtswissenschaften selbst, jedoch durchaus auch, um ein Bild der deutschsprachigen Zivilrechtswissenschaften hinauszutragen nach Europa und darüber hinaus. Dies gilt gerade in einer Zeit, in der Ideen zirkulieren und ihr Zirkulieren auch in besonderem Maße geeignet ist, transnationale Rechtswirklichkeit zu prägen. Zu solch einer Ideengeschichte sollen die hier versammelten Einzeldarstellungen deutschsprachiger Zivilrechtslehrer einen Beitrag leisten. Der zweibändigen Edition liegt die Ringvorlesung "Deutschsprachige Zivilrechtslehrer des 20. Jahrhunderts in Berichten ihrer Schüler" zugrunde, die die Herausgeber an der Humboldt-Universität zu Berlin, der Europa-Universität Viadrina, Frankfurt (Oder), und der Ruhr-Universität Bochum durchführen.

eine Ideengeschichte in Einzeldarstellungen

Deutschsprachige Zivilrechtslehrer des 20. Jahrhunderts in Berichten ihrer Schüler

Fabrizio Cafaggi

This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

From Exchange to Long-Term Network Cooperation in European Contract Law

The Organizational Contract

Martin Schauer

The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential andarchitectureand of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookands commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.

The Architecture of European Codes and Contract Law

Florian Möslein

Christian Hofmann

The current financial crisis is preoccupying business and politics like no prior crisis. The economic effects are being felt on global, European, and national levels and are forcing governments to take extreme counter-measures. The long-term goal is not merely stabilization but rather to stabilize the financial system. System stability requires a regulatory framework that can comprehensively prevent possible future crises. For the first time at a conference held at the Humboldt-University in Berlin, leading experts from the legal and economic academic fields discussed the common effects and impact of the financial crisis on the (future) economic system.

Finanzkrise und Wirtschaftsordnung

Wolfgang Kerber

Stephen Weatherill

Examination of Party Autonomy and its limits has always raised fundamental questions in national contract and private law. The concentration on information solutions which enhance and leave more space to party autonomy is a fundamentally new approach to this core issue and is typical of Community legislation. The complexity of the question made it advisable to have the different aspects treated and discussed by specialists in different areas: by legal scholars and economists, by EC law and by contract law specialists, by scholars from different jurisdictions with different regulatory approaches and backgrounds. The four parts deal with (1) the economic and constitutionell foundations of the question, with (2) the framework to be found in EC treaty law, with (3) the fundamental and more general aspects relating to substantive EC contract law legislation, and with (4) the most important individual legal measures. The book covers both general contract law (with consumer contracts) and labour contract law.

Party Autonomy and the Role of Information in the Internal Market

Festschrift für Christine Windbichler zum 70. Geburtstag am 8. Dezember 2020

This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.

Stefan Grundmann

Books

Your next favorite book is out there