Einführungsgesetz zum Bürgerlichen Gesetzbuche/IPR
All volumes of commentary on EGBGB/IPR of the German Civil Code (BGB) may also be purchased by partial subscription. The reduced partial subscription price applies.
The volume Introduction to IPL contains a comprehensive presentation of the principles and general theories of IPL. The new 2024 edition places a special emphasis on Europeanization, the growing significance of party autonomy, and the greater weight being given to material considerations as well as the idea of protecting the vulnerable.
The newly revised commentary provides an in-depth look at the relationship between the introductory statute to the civil code (EGBGB) and the increasingly important conflict-of-laws rules of the EU and international treatises. A country overview in the appendix to Art 4 EGBGB provides information about the rights of individuals, family law, and inheritance law in the world’s most important legal systems.
This work discusses the newest trends and developments in German law, but its core strength lies in providing a perspective on foreign legal systems beyond the borders of Europe. The new 2012 edition divides the previous version into two volumes. As a follow-up to the "Introduction to International Private Law (IPR)," this volume comments on Art. 3-6 of the Introductory Law to German Civil Code (EGBGB) .
Articles 7 and 12 of the EGBGB (Introductory Statute to the Civil Code) deal with the links between legal capacity and the protection of domestic legal transactions against unknown restrictions of legal capacity arising from foreign law. Finally, in accordance with Article 13 of the Rome I Regulation, Article 12 of the EGBGB provides protection for transactions, and has primary practical significance with a view to rights of disposal over movable goods and domestic real estate. Some of the changes included as part of the new commentary on Article 9 of the EGBGB include those pertaining to the recognition of foreign death certificates and related administrative and judicial determinations. Also new in this edition is discussion concerning the practical implementation of the adjustment rule enacted into law in 2007 under Article 47 of the EGBGB. In the domain of international contract law, Article 11 of the EGBGB was replaced effective 17 December 2019 by Article 11 Rome I Regulation.
Der Band widmet sich wichtigen Fragen aus dem IPR zum Allgemeinen Teil des BGB, insbesondere Geschäftsfähigkeit und Form, sowie dem bedeutender werdenden Internationalen Namensrecht. Er enthält die Erstkommentierung des neuen Art. 8 EGBGB zum Internationalen Stellvertretungsrecht. Die kürzlich in Kraft getretenen EU-VO (u.a. EuErbVO, EuGüVO, EuPartVO, eIDAS-VO) werden konzentriert berücksichtigt.
Cases with a foreign element are of great importance in practical company law. Along with questions of German, European and foreign company law they also raise questions concerning conflict of laws provisions, company law relating to groups and capital market law. There is therefore a great demand for information, but providing advice in accordance with interests is particularly difficult. The fundamental cross-section representation in Staudinger provides practitioners and scholars equally grounded access to all questions of international company and corporate law.
This revision of international marriage law takes into account all current developments in the field of marriage, engagement, effects of marriage, marital property law, divorce and civil partnerships. Specific problems are also addressed such as the distinction between domestic and international divorces in the event that the domestic place of residence or ordinary domestic residence establishes a domestic relationship and the act (of declaration), which formally ends the marriage, takes place abroad. Absolutely essential for judges and attorneys.
Grenzüberschreitende Mobilität von Personen und Familien ist heute alltäglich. Daher wird die Frage nach dem auf Unterhaltsansprüche mit Auslandsbezug anwendbaren Recht immer wichtiger. Dies regelt als EU-einheitliche Grundlage das Haager Unterhaltsprotokoll. Die Kommentierung wertet die aktuellen Entwicklungen in Rechtsprechung und Literatur aus. Ein Schwerpunkt sind die Gestaltungsmöglichkeiten durch Rechtswahl und deren Grenzen.
This revised edition provides in-depth commentary on the matrimonial provisions of the Brussels IIa Regulation concerning jurisdiction over decisions in matrimonial matters and civil proceedings on parental responsibility ( Council Regulation No. 2201/2003). The work additionally addresses questions related to conducting civil proceedings.
This volume provides an extensive commentary on the matrimonial provisions of the new Brussels Ilb Regulation (2019/1111), which takes effect on August 1, 2022. It helpfully deals with aspects of procedure. Moreover, it provides up-to-date commentary on the national provisions on responsibility and acknowledgment in §§ 97, 98, 103, 106–110 FamFG, which still apply in relation to third states and Denmark.
This new edition includes commentary on the ongoing validity of national jurisdiction and procedural recognition in relation to third countries and Denmark, which are now included in §§ 97, 98, 103, 106-110 FamFG (in force since 1 September 2009), supplanting §§ 606a, 328 ZPO and Art. 7, §1 FamR ÄG of 1961. The appendix also covers specific European and German procedural regulations in international matrimonial matters.
This revised edition provides an up-to-date commentary on the custody provisions issued in the Brussels IIa regulation. The ECJ issued eleven new rulings on this issue between October 2014 and November 2015. Alongside the Hague Convention on Child Abduction of 1980, the Hague Child Protection Convention of 1996 has become increasingly important, having been adopted by all EU member states, most recently coming into force in Italy on 01.01.2016.
The revised edition updates the commentary on international procedural law for custody law issues, especially regarding parental child abduction. The consideration of Brussels IIa Regulation specifically takes into account the impending ratification of The Hague Children's Protection Convention of 19 October 1996 by all European Member States. New decisions such as the decision of the European Court of Justice on 27 November 2007 (C-435/06) and significant literature are discussed in detail.
In its treatment of the international law of descent, this title discusses the recognition of the children of surrogate mothers, the loss of significance of Article 21 for the parent-child relationship as a result of the Hague Child Protection Convention, and case law regarding the recognition of foreign adoptions. In addition, the new edition includes an explanation of the Hague Convention on the International Protection of Adults.
This revised edition gives a detailed explanation of the Hague Protection of Adults Convention, which acknowledges the increasing importance of the power of attorney in international legal transactions.
The international law of succession is becoming increasingly important. The new volume “International Law of Succession” informs of all relevant aspects and offers a unique presentation of the conflict of laws provisions in this field of 160 countries.
The Rome I Regulation is the central instrument of international contract law, it is of great importance for the European market. The development of national and European jurisprudence has been dynamic and diverse, and has been incorporated in the commentary in its current status. The commentary has been updated to address the scope of application of Article 7, the linkage of motor vehicle insurance, and risk location in third-party insurance.
The Rome I Regulation is the central instrument of international contract law, it is of great importance for the European market. The development of national and European jurisprudence has been dynamic and diverse, and has been incorporated in the commentary in its current status. The commentary has been updated to address the scope of application of Article 7, the linkage of motor vehicle insurance, and risk location in third-party insurance.
The new commentary of international property law (articles 43-46 of the Introductory Law of the [German] Civil Code) also includes the international law of eminent domain and the relevant state treaties. Particular emphasis is given to the explanation of legal issues regarding cross-border security rights in rem.
The revised edition features a comprehensive commentary on the CISG from a single author. The practical importance of the CISG can be seen in the growing number of contracting states and the rapid increase in corresponding court rulings, especially in Germany. In addition to bringing the commentary exhaustively up to date, this new edition devotes particular attention to the extent to which the CISG intervenes in digital markets.
This revised 2015 edition includes a monograph-like general presentation of intellectual property law, competition law, and intellectual property law. It presents updated case law and legal doctrine for each sub-area, discussing them from the perspective of legal globalization, a theoretical approach in international private law. Dynamic developments in international procedural law are also considered.
The revised version of this comprehensive monograph-like presentation of competition law, fair trading law, cartel law and intellectual property law adds detailed findings of case law on the Rome II regulation. The commentary considers the evolution of the European High Court judicature on the extraterritorial application of EU Cartel Law and the conflict-of-laws issues from the new EU Trademark Regulation.
This commentary provides a detailed presentation of the complete international private law in competition and intellectual property law, taking into account all recent legal developments, such as the Act amending the Act against Restraints of Competition and the Trade Secrets Act. Its overall concept is consistently based on the principle of consequences as the overarching principle of conflict in international commercial law.
In the context of Art. 3 EGBGB, this updated edition explores the relationship between the EGBGB, EU conflict-of-law rules, and international treaties. For Art. 4, it examines the latest developments in renvoi and the application of law in interlocally and interpersonally divided legal systems. The appendix to Art. 4 offers an up-to-date country overview of personal, family, and inheritance law in more than ninety states.
Die Neubearbeitung behandelt zu Art. 3 EGBGB das Verhältnis des EGBGB zum Kollisionsrecht der Europäischen Union und der Staatsverträge. Zu Art. 4 EGBGB werden neueste Entwicklungen zum Renvoi und zur Verweisung auf interlokal bzw. interpersonal gespaltene Rechtsordnungen behandelt. Im Anhang zu Art 4 EGBGB gibt die Länderübersicht einen aktualisierten Überblick über das internationale Personen-, Familien- und Erbrecht von mehr als 90 Staaten.
