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Die Memoiren Wilhelmines von Bayreuth erscheinen erst im Jahre 1810 - rund 50 Jahre nach ihrem Tod - nicht zufällig also zur Franzosenzeit, als Napoleon der preußischen Zensur den Arm abschneidet. Denn dieser in elegantem Französisch geschriebene Text der preußischen Prinzessin bietet ein grelles, abstoßendes Bild der Zeit Friedrich Wilhelms I., zeigt ihren Vater als prügelnden Wüterich, die Mutter Sophie Dorothea als ehrgeizige Intrigantin, e...

»European Court of Justice and Federal Constitutional Court as Guardians of the Principle of Conferral«: As far as the European Court of Justice is concerned checks and balances with regard to EU-organs and member states can less be guaranteed by the theoretical option of treaty amendments (Art. 48 TEU) or the equally theoretical possibility of overruling the court¿s jurisprudence by secondary legislation. The only practically relevant instrum...

»Forms of Decision in Land Register Procedural Law de lege lata and ferenda«: Stefan Bohlsen examines the forms of decision in land register procedural law on an application for registration that is not immediately enforceable, structures their areas of application and sheds light on their interrelationship with real erstate and enforcement law. The author comes to the conclusion that the current legal situation is not sufficiently taken into ...

»Capacity Mechanisms to Ensure Security of Supply Against the Background of a CO2-neutral Electricity and Gas Economy«: This thesis deals with the variants of instruments, especially capacity mechanisms, developed for ensuring the security of energy supply on the electricity and gas market with a view to a CO2-neutral electricity and gas economy. After the analysis under political, economic and legal aspects, various recommendations for action...

»Challenges for the Administrative Law«: While specific areas of administrative law have emerged or at least have seen changes numerous times over the decades, the general administrative law has proved to be remarkably stable. In a time of many, partly unprecedented challenges, the question must be asked if the general administrative law will also have to change, namely to mirror the developments in specific areas of the law. The book contains...

»Causation and Damage in the Context of Corporate Officers Liability. An Examination Based on the Internal Liability of the Management Board under Stock Corporation Law«: The fact that directors' and officers' liability has evolved from a »paper tiger« to a real steering instrument can be observed since the 1990s. Issues of causation and damage are inextricably linked to directors' and officers' liability as fundamental elements of the tort. T...

»Claim, Infringement and Presentness. An Investigation Starting from the Functional Contexts of our Legal System to the Individual Questions of the Nature of Claims in rem.«: The thesis deals with the roots of the concept of the claim in the law of the 19. century and its present-day contour. It comes to the conclusion that the claim is a pure instrument of legal realization and that it must be separated from the respective substantive right, ...

»The Role of the Notary in Artficial Insemination with Donor Sperm«: Medical advances and social change have for years led to calls for a reform of the German law of descent. The instrument of notarisation of descent-relevant declarations has so far been neglected within the numerous reform proposals. The work shows that the involvement of notaries in agreements to have children on the occasion of a sperm donation can contribute to more legal ...

»The German Concept of Inside and Outside Basis in Partnership Taxation. Fundamentals of Partnership Taxation and Conclusions for the Depreciation of Partnership Assets«: The thesis examines the German judicially developed concept of inside and outside basis in partnership taxation with special regard to the depreciation of assets. At the same time, the fundamentals of partnership taxation are reappraised and remeasured. The author develops hi...

»The Supervisory Board in Fully or Partially State-Owned Corporations«: If the state holds shares in a company, conflicts may arise between corporate law and public law, in particular constitutional law. This paper examines the questions that arise from these conflicts with regard to the formation and composition of the supervisory board and the legal status of the members of the supervisory board in fully or partially state-owned companies.

»Deconstructing the Rhetoric of Federalism - On Doctrine in Law and Literature. Instrumental Federalism in the United States of America and the Federal Republic of Germany as a Lyrical Figure of Reading«: In American and German federalism, courts assertively deploy topoi such as >state dignity< or >Bundestreu<' which are not laid down in the constitutional texts. The comparative study scrutinizes these >unwritten< doctrines as examples of acti...

»Working Services as Relative Date Transactions Exemplified by Overtime Work«: The thesis deals with legal questions regarding the dogmatics of working time including multiple references to flexible working time arrangements in the modern work environment. In this context, the concept of working time and the currently prevailing dogma of the drop dead date are discussed. The results of this discussion are then examined in terms of their practi...

This commentary deals with the treaties concluded after the reunification of Germany by the eastern states with the Protestant regional churches and the Holy See on the basis of the Wittenberg Treaty of 1993, which - in terms of both style and content - has become the model for all further treaties between state and church(es). Thus, the current treaty law of state-church relations is comprehensively presented from a legal point of view and in...

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»The Margin of Appreciation in European Administrative Law based on the Example of Migration and Environmental Law. On Final Decision Powers and Authority in the Multidimensional System of the European Union and their Effects on the Procedural Autonomy of the Member States«: So far, there has been a general understanding that European administrative law is unfamiliar with the fine distinction between the margin of appreciation regarding legal ...

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