jurisprudence

The central subject of this study is Directive 2011/24/EU on the exercise of patients' rights in cross-border healthcare, which codifies the principles of ECJ case law on cross-border healthcare services. This study examines the extent to which the Directive succeeds in striking a balance between the interests of the Member States in maintaining the functionality and affordability of their health systems, the interests of patients in legally secure, Union-wide use of health services and the Union's goal of a European...

Traditionally, trademark rights apply uniformly to the entire protected area for which they are granted. This principle faces new challenges in the case of the community trademark on the territory of the EU. The present thesis examines the conflict between territorially divergent perceptions of traffic in Europe and the scope of an infringement of a community trademark. The author goes into the different offenses and clarifies the relevance of the specific traffic perception. Furthermore, the author deals with the principle...

After some of the major war criminals of the 20th century had been prosecuted for crimes against peace before the International Military Tribunals in Nuremberg and Tokyo after World War II, the so-called 'mother of all crimes' vanished from the international scene just as quickly as it had appeared before. This suggested that the conviction of high-ranking state officials for the illegitimate use of force against other countries would remain a one-off event in the history of mankind. It was...

With the law to further facilitate the restructuring of companies (ESUG), the legislature had set out to subject the German insolvency law, which is systemically geared towards breaking up and liquidation, to a new restructuring culture. The present study contributes to the legal discussion about the problems raised in this context and in particular investigates the question of whether the insolvency law reform has created easier conditions for the takeover of companies in addition to a legally secure and planning-safe...

Although case law has been dealing with the conformity of German inheritance tax law with European law for twenty years, this topic is regularly overshadowed in the literature by the analysis of income tax law. The author therefore deals fundamentally with the compatibility of inheritance tax law with Union law and the relevant provisions of the European treaties. The first part of the work deals with the general requirements of European law that the legislator has to observe in inheritance...

The subject of the dissertation is the admissibility of restricting the office of insolvency administrator to natural persons in accordance with Section 56 InsO and the resulting exclusion of legal entities from the office of insolvency administrator. Since insolvency administration has developed into an independent profession and is often carried out by large administration companies with teams of lawyers, tax consultants and auditors, the statutory exclusion of legal entities from the office of insolvency administrator is in practice often only...

The dissertation is dedicated to case law on the law of endowment life insurance, which is in constant change and further development, and addresses the implications for individual and collective interests of policyholders resulting from this case law. The theoretical foundations of individual and collective interests presented in endowment life insurance and shown why there is a tension between interests and how the anticipatory legislator tries to resolve this tension. Subsequently, on the basis of four main topics, the case...

The Special Court for Sierra Leone was established in Freetown, Sierra Leone in 2002 after eleven years of civil war. It is part of an international strategy to overcome impunity for international crimes and leaves a great legacy with its extremely multifaceted case law. He was given worldwide attention in particular by the condemnation of the then incumbent head of state of Liberia, Charles Taylor. The author appreciates the case law in the light of the overall development of international...

The work is dedicated to the administrative organization and the constitutional foundations of the administrative and organizational law of the film funding agency. Administrative structures that effect fundamental rights as well as their democratic legitimacy and the admissibility of the existing financing structures are examined. The results of the work provide, among other things, approaches to answering political questions that arose in the context of the discussion about the seventh amendment to the Film Funding Act with regard to future...

Private military and security companies (PMSUs) like Blackwater (now Xe Services, now Academi) have increasingly participated in military operations for over twenty years. Such companies operate all over the world. The range of clients is correspondingly wide: in addition to states, individual armed groups, private companies, the United Nations and other international organizations, non-governmental organizations and the International Committee of the Red Cross also use the services of PMSU. The military services provided by private companies in such operations range...

The monograph is a compilation of my Juris Doctor degree thesis and my Master's in Law degree dissertation. The thesis is a general overview of justice courts and the dissertation is an examination of the adequacy of a search performed by a Federal Agency of the United States government regarding search requests under the Freedom of Information Act . Details Title: A Legal Codex Subtitle: A Law Thesis and a Law Dissertation Author: Dr. Bradley S.Tice Edition: 1st edition Published:...

The problem of publicity when assigning chattels as security is as old as the assignment itself. The loan collateral, which is often used in practice, seems to function smoothly for the most part. A closer look, however, reveals a number of weaknesses and dogmatic distortions due to the lack of publicity. Last but not least, the German security assignment must also be able to be measured in an international perspective. It is precisely here that Germany is largely isolated with...