De Gruyter Handbuch

This handbook addresses the full breadth of IT contract law. It contains the provisions of computing contracts as well as contracts on the use and provision, renting and leasing, and maintenance and upkeep of software. The third edition takes into account all of the legal developments that have taken place in connection with the digital transformation. Sample contracts aid implementation in practice.

European civil procedure has emerged as an independent and dynamic field of policy making, research and teaching. Influenced by human rights law, EU consumer law, and resulting from the extended EU competence in judicial cooperation since the Treaty of Amsterdam, national procedural systems have been increasingly Europeanised.

This volume offers a comprehensive overview of the main developments shaping civil justice in Europe. It analyses the harmonisation of cross-border litigation through EU regulations on jurisdiction, recognition and enforcement, service of documents, and taking of evidence, as well as the creation of European procedures such as the Order for Payment, Small Claims Procedure, and Account Preservation Order.

Beyond these core instruments, the book explores collective redress, ADR and ODR, specialised courts, legal aid, costs and funding, and soft-law harmonisation. It concludes with perspectives on EU enlargement, non-European jurisdictions, and the broader challenges facing civil justice today.

This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.

Digitalization has fundamentally changed civil proceedings. This handbook deals with all digitalization topics that are relevant to civil proceedings and aims to put judges and lawyers in a position where they are familiar with the digital possibilities of civil law lawsuits and can make proper use of them. It also describes the legal studies and technological developments that have taken place in the field of digitalization.

The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.

This third edition examines the numerous changes that have taken place in judgments on higher education law and in higher education legislation. It places an emphasis on examination law. A new chapter is devoted to Germany's Federal Training Assistance Act (BAföG).

This volume systematically presents employee liability in the compensation of damages in a way that is relevant to practice. The fifth edition reflects the increasing significance of working from home and mobile work, addressing both issues of civil liability and issues relating to the compensation of damages in social insurance law. It now includes an introduction to platform work, robotics, autonomous driving, and artificial intelligence.

The new edition brings legal rulings and the literature on ownership, property, and limited material rights, including Land Register law, up to date. German law is joined by international property law and European law. Moreover, it takes into account new legislative approaches (Act on the Ownership of Apartments, electronic securities) and categorizes electronic phenomena like Bitcoin, Libra, and Token.

This handbook deals with all key aspects of the IT sector and its market conditions. It covers a wide range of topics relating to software, hardware, platforms, and every kind of service. It also explores questions pertaining to data protection, data security, connectivity, and regulatory frameworks. Finally, it presents conventional mobile payment methods as well as issues of automation and artificial intelligence.

This standard work on insolvency law covers material insolvency law and insolvency legal procedures while also considering special issues. Case examples with solutions and schemata complete the Handbook. New features in the 7^th edition include a presentation of the 2016/2017 reform of the right of appeal and the new corporate insolvency law. It also covers the ESUG [German Insolvency Law Reform] and the Law to Strengthen the Rights of Creditors.

This volume contains a comprehensive and practical presentation of bankruptcy law in its entirety, from its foundations to restructuring and estate bankruptcy. It contains a special emphasis on challenges to bankruptcy proceedings and also examines neighboring legal areas, employment law, corporate law, and tax law in bankruptcy.

This handbook presents the general law of default. The 3rd edition takes into account the Act for the Reform of Construction Contract Law and to Amend Sellers’ Contractual Liability for Defects, which has changed regulations regarding the law of contracts to produce works as well as sellers’ liability for defects regarding the costs of expansion and installation within the scope of cure, considering rulings and the literature until December 2020.

The sixth edition of this work provides a comprehensive treatment of property law. The new edition addresses developments in case law and the literature up to the end of 2018. Alongside real estate ownership, movable property, and rights, it also discusses international property law, European property law, the land register, ownership, and individual property rights.

This book covers all aspects of real property enforcement law from the initiation of proceedings to the distribution of proceeds and final settlements. A case study including forms and templates and a glossary help the reader put the theory into practice. New features in the 8th edition include a comprehensive overview of recent case law up to the end of 2016 – indispensable information for receivership and compulsory auctions.

Already in its 7th edition, this work has become a standard guide to legal practice. It presents the full trajectory of the foreclosure process, from the initiation of proceedings and to the distribution of proceeds. The volume includes a "Lexicon of Real Estate Foreclosure" and a case study, along with the standard forms used in practice.

This up-to-date new edition addresses how to implement legal rights abroad and describes the applicable legislation. It includes all recent EU regulations in the realm of civil procedure along with new arbitration laws pertaining to international arbitration jurisdiction.

Property law is a key element of constitutional and non-constitutional legal protection. Within the legal system as a whole, property law covers such specific areas as the attribution of rights to multiple persons, as occurs when structuring common tenancy or joint ownership communities, international property law, European property law, as well as land registries, ownership, and individual property rights.

The textbook gives a detailed account of the EU’s legal foundations and its current and potential future policy outlook in various fields. The authors are renowned experts in European law at German, Austrian and Swiss universities, and provide an up-to-date, in-depth, and meticulous treatment of the subject. The textbook was published as a two-volume edition in 2014, and the new edition also addresses Brexit and the refugee crisis.

This updated work on appeals law, now in its 8^th edition, offers an excellent and thorough presentation of the appeals process in criminal proceedings. The work is geared toward attorneys who deal with criminal appeals, whether in professional practice or academia. It addresses the entire process from the perspective of the courts.

This practical guide provides an up-to-date and comprehensive account of payment transactions on the basis of German Federal Court of Justice case law and example cases. It places particular emphasis on clarifying practical procedures. The second edition brings the work fully up to date and addresses the legal developments associated with the introduction of SEPA.

This second edition of the compendium addresses the challenges currently faced in the area of higher education and science law. A focus is placed on the reform of the salary regulations for professors in the German states that was undertaken following a judgment handed down by the German Supreme Court at the end of 2012. The work also discusses how to handle cases of academic plagiarism in a legally sound manner.

The general law of temporary non-performance is at the heart of the law of obligations and is thus one of the most important aspects of civil law. This handbook provides a complete and up-to-date presentation of the general law of temporary non-performance. The presentation is oriented to legal consequences of non-performance, facilitating rapid guidance for case preparation.

This volume engages in a comprehensive discussion of the authorities exercised by GEMA, the German collecting society and performance rights organization. A key emphasis is placed on illuminating internal aspects of GEMA, including its articles of association, contractual mandates, and organization.

This work offers detailed coverage of the statutory principles of paternal and maternal rights and the options for nullifying paternity. In addition, it fully presents the regulations regarding parental care, specifically including the scope and limitations of parental care and issues regarding representation and authorization.

This handbook systematically presents methodological issues in European law. The work combines an in-depth examination of methodological questions with detailed examples that cover specific areas of the law and institutions. Country reports provide information about the perspectives of other member states. The work includes a comprehensive consideration of the Treaty of Lisbon.

This new edition will be of special value in providing timely information about European atomic energy law. The heart of the compendium is a thorough presentation of the Euratom Treaty, including all of its component regulations, directives, and relevant decisions by the European Commission and European Court of Justice. There is an ongoing need for information about international as well as European atomic energy law.

This sixth edition of the standard work on insolvency law uses an all-new format. In an attempt to highlight the system and the regulatory framework even more clearly, the volume is structured with a stronger focus on the individual players and the key subject matter. Following an introduction, part two concentrates on debtors, creditors, and receivers. Part three is dedicated to identifying and securing insolvency assets - the receiver's credo. The course taken by insolvency proceedings is explored succinctly in part four; then asset receivership in open proceedings is explained. A special section is now also included dealing with insolvency schemes, which are gaining in importance.
The work is rounded out by numerous case studies including solutions plus schemata, ensuring that the handbook is a fast, efficient source of information.

This revised edition brings the fundamental and groundbreaking work on employee liability fully up to date. Following a presentation of the basic principles of employee liability, the text addresses important practice-relevant case examples with clear explanations of significant problem areas. The new edition is an indispensable work for scholars and practitioners alike.

The market for renewable energy has developed into one of the most important and rapidly expanding business sectors. With the support of positive political framework conditions and under the influence of increasing international efforts to establish sustainable means of meeting the global energy demand, renewable forms of energy are undergoing massive expansion in Germany. The diverse support measures for sources of renewable energy and the ever-increasing cost of fossil fuels have led to in-depth investigations of the application possibilities of renewable energy in all sectors. In this context, the legal framework conditions for the individual energy sources are of particular interest. This up-to-date work addresses the main features of the act reforming the law on renewable energy. The reference work for the new legal situation: You will learn about how the new legal regulatory framework of the EEG 2011 will affect daily practice. All of the significant legal factors regarding the use of renewable energy are addressed.

The new Edition takes into account the new legal situation concerning the German gambling industry. Renowned scientists and practitioners comprehensively analyze the gambling sector in Europe, the USA, the People's Republic of China, Taiwan and Hong Kong, Macau and other Asian regions.

The completely revised 3^rd edition of this handbook summarizes the essentials of labor law for the theater with special consideration of the standard contract with the German theaters union. Discussion of the arbitration decisions of the Theater Higher Arbitration Tribunal forms a major focus of the work.

This reference work provides a systematic presentation of the liability systems in EU member states for the first time. Similarities and differences between EU states’ various legal systems are presented and also explained in terms of Union Law. In addition, approaches to establishing a uniform state liability law in the future are outlined.

This work includes, on the one hand, more than twenty reports about the state liability systems in the individual member states; on the other hand, comprehensive specialized report explain the entire European context and present comparative conclusions on the individual specialized topics. Based on the synopsis of the state liability systems together with the current state of Union liability as developed in case law, the law on state liability in the EU is extensively analyzed and its capability to develop based on general legal principles is defined.

This three-volume work covers the field of criminology in eight parts and provides comprehensive, accurate, and streamlined information. The prevailing social- scientific model for understanding international criminology characterizes the entire work. Volume 1 examines the fundamentals of criminology.

In direct European comparison, the penalty fines incurred for road traffic violations in Germany are relatively low. Against this backdrop, the German legislator initiated a significant increase in penalty fines for road traffic violations. As penalty fines increase for road traffic violations so too does the necessity for quality defending. This work is targeted towards practitioners. It primarily explains penalty fines in road traffic law from the perspective of the attorney. Valuable tips on defending are provided and samples letters, which are aimed at achieving the attorney's goal in matters concerning penalty fines, are included.

This work provides a comprehensive introduction to the basic principles and practice of legal enforcement and forced administration. Observations are preceded by an “encyclopedia of execution levied on property”, which offers direct access to the most important terms and definitions related to enforcement proceedings law. This work is concluded with a practice case, which fully illustrates the course of such proceedings by means of customary forms used in daily practice. Detailed commentary und case law references provide targeted insight into the individual fields.

This book addresses the legal background of the derivative business. The author analyses existing rules and comes to the conclusion that further regulation is superfluous. The European legal systems are aware of substantiated principles that are applicable to this type of business, such as those from the insurance and gambling fields. Established instruments of the law of obligations and criminal law offer better protection than the mere expansion of supervisory authorities.

The standard work on the law on appeals on questions of law, which is now in its seventh edition, provides an excellent and thorough representation of the difficult legal area of ap-peals on question of law in criminal proceedings.

This new compendium of laws governing universities/higher education and research/scholarship is intended to be a handbook for scholarship and practice. In contrast to other legal works on the subject, here a stronger focus is placed on current reform topics such as the Bologna process and the W salary scale. This concise presentation of all laws governing universities/ higher education and research/scholarship is intended not only for jurists dealing with the subject matter but also for university staff from all disciplines.

The practical meaning of probate proceedings for insolvent estates and probate administration is enormous due to the fact that they can lead to the liability limitation of the heir. Despite this fact, the Insolvency Code itself contains merely rudimentary regulations on the carrying out of probate proceedings for insolvent estates. This work particularly considers the typical requirements of an insolvency administrator during probate proceedings for insolvent estates and also examines claims for release and claims for damages against the heir, opposing party, and the probate administrator. A sample legal opinion on probate insolvency proceedings aims to provide the practitioner active as an expert and preliminary insolvency administrator with a quick overview and also to ease the insolvency judge's ability to examine the integrity of an insolvency proceedings' opening opinion.

This standard work on prosecuting abroad considers all aspects of conducting cases abroad. Since the previous edition's publication, the number of Member States of the European Union has more than doubled. The scope of application of European civil procedure law has thus been extensively extended. On their way to creating a unified European area of justice, the Community has enacted many new regulations in the field of civil procedure law. Many States have reformed their civil procedure law with new civil procedure regulations. In the field of international arbitration, diligent legislative work has led to a number of new laws on arbitration proceedings that are in many cases directly based on the UNCITRAL model law. This is leading to the standardization of international law, which is being experienced in the field of arbitration like no other field of civil procedure. This new edition also takes into account the great increase in literature and legislation on the problems of international prosecution.
The first section of the presentation has not been conceptually changed but merely brought up to date by taking into consideration changes in the law, new literature, and more current legislation. However, the second section of this edition has a completely new concept. The previous overview, which was only able to touch on the legal state of affairs in various countries that are of significance to Germany based on economic interactions, has been replaced by a review of international civil procedure based on important legal sources and introductory literature from the EU, EEA, and the Lugano Convention as well as other significant non-European regulations. An overview of the validity of international treaties pertaining to civil procedure aims to enable the swift pinpointing of international regulations applicable to individual countries.

According to an estimate issued by the Institute of Employment Market and Occupational Research, 50% of the employees in Germany are currently working outside the scope of a collective wage agreement. This situation requires systematization and a new assessment of those employment conditions that are no longer comparable to the classic employment conditions.

The new edition of this standard work on payment and payment securities in international trade is equally appealing to the importer and exporter, the banker and attorney dealing with international trade issues as well as relevant organizations and chambers. The UCP 600 (Uniform Customs and Practice for Documentary Credits), which came into effect on 1 July 2007, has been comprehensively incorporated into this new edition. This work offers the user a practice oriented work aid and reference book in one.

A systematic presentation of the general law of irregularity in performance.

The handbook presents the European system of nuclear law in its entirety. Explanations of the nuclear law system and its technical foundations are presented to the reader. The descriptions of international agreements as well as the law of the European Union/EURATOM make up the core of this handbook.

This volume is a must for legal practice and instruction!

The new edition of this tried and tested standard handbook on insolvency law brings it completely up to date. Effective insolvency law is presented thoroughly and in detail. The manual not only is an introduction and overview but also provides further orientation as well as numerous case examples and solutions, and practical schemas.

The author demonstrates the course of a forced sale using a specimen case and with the help of the standard forms used in practice. The observations are preceded by a “Lexicon of execution levied upon real property”, and in a special chapter sequestration is discussed, which is one of the three possibilities of execution levied upon a debtor's immovables.

Since the 1st edition of this fundamental work appeared twenty years ago, international civil process law has undergone breathtaking developments. No stone has remained in place. In the Amsterdam Treaty of 1997 the ambitious goal of creating a standardised European legal framework was postulated.

After only a few years a standardised regulatory order of legal jurisdiction, international service notification and hearing of evidence, effectiveness range of civil judgments and insolvency law have been created. The expansion of the European Union through the accession of new states has ushered in an extensive system of European civil action law in its field of application. This new issue considers all the modifications and updates the work to the latest conditions.

The author looks at all aspects of German international civil procedural law especially the jurisdiction including the problems of the immunity of foreign states, state-owned companies and state-owned banks, international jurisdiction, the execution of the procedures with foreign connections and foreigner participation, the recognition and declaration of execution of foreign civil judgments, international sub judice cases, international arbitration and international legal aid. Specific importance is given to the presentation of European civil action law. The EuGVVO (European Regulation on jurisdiction and the recognition and enforcement) and other important EU regulations are looked at in detail. The work combines the scientific grasp of the problems with the presentation of the decades of practical experience of the author. A comprehensive index facilitates the use.

The book describes the context of the insolvency of the employer and the consequences of the same for the employees (and their legal status). It is based on the experience of the author as an insolvency administrator and advisor and his practical experience in regard to defending the rights of employees in this special insolvency situation which is - to the advisors not specialized in this area - an extraordinary and uncommon situation.

This detailed handbook constitutes the first comprehensive presentation of EC Energy Law, under the ECSC, Euratom and EC Treaties, including the history and development of this important legal field and its economic and technical foundations. Based on the relevant Treaty provisions, Community legislation, Court decisions and other primary sources, the book gives a complete account of the legal principles and provisions governing coal, nuclear power, mineral oil, natural gas, electricity and renewable energies at the European level. A special section is devoted to horizontal issues, including the definition of energy objectives, energy consumption, energy taxation, energy research, energy and the environment, energy and transport, investment and procurement in the energy sector, energy statistics, external relations in the energy field as well as energy in the context of enlargement. In nearly 3 000 footnotes and numerous references to specialised literature the reader is directed to relevant sources and further reading on all specific issues relevant to the understanding of EC Energy Law since its first inception in the 1950s to the impending enlargement of the European Union in 2004.

["Manual on Insolvency Criminal Law"]
The special feature about this completely new book is the compact presentation of the three legal areas insolvency criminal law, substantive insolvency law and corporate law in one volume. The entire book is complemented by the presentation of the handling of juridical practice pertaining to insolvency criminal law by district attorney's offices and the courts. The work not only takes up questions and addresses problems, but also covers solutions suitable for practical use.

The author presents a coherent overall depiction of the education law of the Federal Republic of Germany. European education law, administrative legal principles, examination law, school law, job creation law, professional rehabilitation, child and youth welfare law, social welfare law, training support law and the law regarding adult education are dealt with.

The current and comprehensive practical guide to payment law explains payment processes based on the judicature of the BGH (German Federal Supreme Court) and BGH-based sample cases and thereby places its focus on clarifying practical procedures.

Die Autoren legen ein systematisch und alphabetisch gegliedertes Handbuch zum Recht der freien Dienstverträge im Bürgerlichen Gesetzbuch vor. Unter "freien Diensten" werden alle von § 611 BGB erfaßten Dienstleistungen verstanden, die nicht in den Bereich des Arbeitsrechts fallen.

In der Dienstleistungsgesellschaft sind die freien Dienstverträge ein bedeutsames und zugleich besonders dynamisches Gebiet des Zivilrechts. Das Handbuch erläutert die freien Dienstverträge anhand der Rechtsprechung und der Literatur. Die Verträge mit Ärzten, Geschäftsleitern, Rechtsanwälten und Steuerberatern werden hervorgehoben behandelt in selbständigen Kapiteln mit eigenständiger Gliederung. Rund 100 weitere Vertragstypen werden in alphabetischer Anordnung dargestellt. Zu Beginn eines jeden Abschnitts ist die einschlägige Spezialliteratur aufgeführt. Haftungs- und Beweislastfragen kommt besonderes Gewicht zu. Ein umfangreiches Sachregister führt ergänzend zur systematischen Gliederung zügig an die einschlägige Fundstelle.

Das Handbuch behandelt die rechtlichen Grundlagen der EU sowie Entwicklungsstand und Perspektiven ihrer Politikfelder. Die Autor*innen, ausgewiesene Europarechtler deutscher, österreichischer und schweizerischer Universitäten, stehen mit ihrer Expertise für Aktualität, Tiefe und Detailgenauigkeit der Darstellung. Die Neuauflage berücksichtigt u.a. die Europawahl 2024, den Krieg in der Ukraine, den Green Deal und die Konferenz zur Zukunft Europas.

European Data Law offers a comprehensive exploration of EU data regulations, including horizontal and sector-specific acts as the Data Act and the GDPR. This work bridges legal theory and practice, providing structured insights into the governance of data in the digital age.