The European Commission's Proposal for a Regulation on a Common European Sales Law (CESL), published in October 2011, aims for an optional instrument of European Contract Law. The objectives of the Commission are twofold, namely to reduce transaction costs for businesses operating in the...

The present article (written in German) discusses whether legal instruments creating uniform private law - either by way of a Convention (a treaty under public international law) or in some other form - should preferably be designed as quot;opt inquot; instruments (meaning that the uniform law...

Corporate Governance has developed immensely in the last decades mainly due to the negative effects on shareholders's of management decisions leading to a continuous conflict to be solved by the policymakers and academics. After the publication of the Cadbury Report, we noticed an increase...

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...