Economic theory conjectures complementarities between the ranking of creditors in formal insolvency proceedings and the use of collateral in bank loan contracts as well as the existence of relational compared to arm's length lending. In this paper we seek evidence for these hypotheses taking...

This article deals with the impact of Equal Treatment Law on the insurance of risks related to an HIV positive person from a European and German perspective. As will be shown, the infection is to be qualified as a disability but differentiations in insurance contracts are usually justifiable. In...

Economic theory conjectures complementarities between the ranking of creditors in formal insolvency proceedings and the use of collateral in bank loan contracts as well as the existence of relational compared to arm’s length lending. In this paper we seek evidence for these hypotheses taking...

In Germany the Volkswagen Diesel scandal is originally a market failure because the harm from vehicle emissions to public health and to the environment is neither internalized by car producers nor by car drivers. This market failure is neither corrected by public regulation nor by civil...

A new defense against injunctions in FRAND cases has arisen in Germany, and its relationship to the Huawei defense (whether viewed as a competition or contractual matter) is largely unexplored. In August 2021, the “Second Act for the Modernization of Patent Law” (Zweites...

Mit dem Schlagwort „Internet der Dinge“ wird das Phänomen umschrieben, dass in naher Zukunft ein Großteil der materiellen Güter um uns herum digital vernetzt oder zumindest vernetzbar sein wird. Konsumgüter werden daher in der Zukunft meist hybride Produkte sein, d.h. Waren, die nur im...

This paper uses the example of how corporate nationality is defined in the investment treaty practice of the Federal Republic of Germany as an example of fruitful interaction between private and public international law. It shows how Germany’s investment treaty practice defines German...

Why does codetermination exist in Germany? Law and economics theories have contended that if there were no legal compulsion, worker participation in corporate governance would be ‘virtually nonexistent’. This positive analysis, which flows from the ‘nexus of contracts’ conception of the...

The rise of the sharing economy has sparked a controversial debate about the need to adapt the existing regulatory framework in order to reflect the changes in the market. Arguably, the two areas which have caused the most heated controversies are ridesharing and short-term rentals. Against this...

In Germany, employers can claim the right to any invention made by their employees, but have to pay a compensation if they do so. Recently this compensation was made subject to a legal reform proposal (and a new law concerning university employees). We set up a simple Principal-Agent model to...