Law (all)
Bachelor
Allgemeine Rechtsgeschäftslehre einschließlich methodischer Grundlagen (Lecture)
DE
Course type:
Lecture
ECTS:
12.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
4
Attendance:
On-campus and online, live
Instructor(s):
Prof. Dr. Georg Bitter, Luca Nicolas Kehl
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Allgemeine Rechtsgeschäftslehre einschließlich methodischer Grundlagen (Lecture)
DE
Course type:
Lecture
ECTS:
12.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
4
Attendance:
On-campus and online, live
Instructor(s):
Prof. Dr. Friedemann Kainer
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
An Introduction to the Law and Legal System of the United States (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Registration procedure:
This course will introduce students to distinctive aspects that comprise the law and legal system of the United States. Topics will examine the interplay between state and federal court systems, as well as sources of law and law making, the American legal education and becoming a lawyer. We will explore key subjects from first-year law school curriculum including torts, contract, property, constitutional law, criminal law, and criminal and civil procedure. Other topics will include the jury trial, class actions, punitive damages, and practical aspects of the law in the United States, such as rules of discovery and the basics of legal research, writing and trial advocacy.
Generally, the course will be split into three parts: first, general aspects of U.S. laws and legal system; second, an overview of substantive topics in key subject areas of law; and, third, practicing law in the United States including commencing a lawsuit, research, and litigation.
Lecturer: Ms. Sheila O'Laughlin
Generally, the course will be split into three parts: first, general aspects of U.S. laws and legal system; second, an overview of substantive topics in key subject areas of law; and, third, practicing law in the United States including commencing a lawsuit, research, and litigation.
Lecturer: Ms. Sheila O'Laughlin
Instructor(s):
Sheila O'Laughlin
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Arzthaftungsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
1
Instructor(s):
Prof. Dr. Markus Gehrlein
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Comparative Law I: European Legal Traditions (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law and insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions, will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered.
Furthermore, the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second. The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Oliver Brand
Description:
Contents:
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences, are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law, insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered. Furthermore the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second.
The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
The course Comparative Law deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view. Further it aims at introducing students to fundamental concepts of the European Legal families, which more often than not serve as model for European harmonization. The insight will provide students with the necessary analytical background allowing them to carry out comparative legal analysis in their respective further fields of studies.
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences, are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law, insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered. Furthermore the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second.
The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
- Aims and methods of comparative law research
- Principle of equality of all legal orders
- Grouping of legal families according to historic origin or structure
- Basic concepts of contract law: party autonomy, formation of contract, performance
- Basic concepts of business law: division of work, liability, tort law, insurance
- Hybrids and legal transplants
The course Comparative Law deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view. Further it aims at introducing students to fundamental concepts of the European Legal families, which more often than not serve as model for European harmonization. The insight will provide students with the necessary analytical background allowing them to carry out comparative legal analysis in their respective further fields of studies.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Das französische Recht und seine Rechtssprache (Course)
FR
Course type:
Course
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
French
Instructor(s):
Prof. Dr. Rupert Vogel
Deutsch für Juristen (Course)
DE
Course type:
Course
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Literature:
F. E. Schnapp, „Stilfibel für Juristen“, Münster 2004.
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
Description:
Juristen müssen sich verständlich machen können – nicht nur untereinander, sondern (vor allem) gegenüber Laien. Zumal rund 80 Prozent von ihnen den Beruf des Rechtsanwalts oder der Anwältin ergreifen. Und für diese gilt: Mandanten sind Kunden auf einem umkämpften Markt für Beratungsdienstleistungen. Aber auch Richter, Unternehmens-, Verwaltungs- und Verbandsjuristen müssen (ebenso wie Journalisten und Politiker) ihre Fachkenntnisse und Botschaften an den Mann und an die Frau bringen. Rechtskundige pflegen jedoch einen umständlichen und gekünstelten Sprachstil. Schachtelsätze, Nominal- und Passivkonstruktionen, altertümliche Redewendungen, das Kleben an Fachbegriffen u.a. verbauen den Zugang zum Gesprächspartner und zur Öffentlichkeit.
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
Deutsches Wirtschaftsverfassungsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Einführung in das deutsche Zivilrecht für ausländische Studierende (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Registration procedure:
The course gives an introduction to German private law especially for foreign law students. The course begins with an overview of the legal sources of German law. In particular, the special position of the Civil Code and its historical development will be discussed.
Then the most important legal areas of the Civil Code will be worked out on the basis of systematic descriptions and case solutions. By focusing on the law of torts, the law of obligations and the law of property, the working method in German civil law is clarified. Short introductions to inheritance and family law, company law and civil procedural law round off the course through private law.
Structure
- Definition of private law, historical development
- Structure of the BGB
- tort law
- law of obligations
- property law
- Inheritance and Family Law, Company Law and Civil Procedure Law at a Glance
The aim of the course is to ensure that students are familiar with the structures of German civil law by the end of the course and that they are able to handle smaller cases with the knowledge they have acquired.
Instructor(s):
Daniel Friedrich
Erbrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Mark Makowsky
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
EU Fundamental Rights (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Examination achievement:
Written examination
Description:
Contents:
The European Union (EU) possesses strong regulatory powers, the use of which, directly or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC) law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/
• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.
Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relationships with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
The European Union (EU) possesses strong regulatory powers, the use of which, directly or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC) law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/
• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.
Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relationships with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
European Private Law (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
Contents:
The course will provide a framework for an advanced comprehension of European private law in comparative perspective, with an eye on the impact of Community legislation and adjudication on national legal systems.
The focus of the first part is on the core aspect of European private law, namely contract law. It will cover both uniform rules, such as the uniform sales law (but also their predecessors PECL and UNIDROIT) on the one hand, the relevant directives harmonizing national private laws on the other. Further soft law as a driver for European Harmonization and national modernization will be covered.
In a second part general structures and core concepts of European private law will be covered. This will in particular relate to contracts as the most important means to create and organize legal environments on the one hand and the restraints on party autonomy in favour of the weaker party and the means for its protection (i.e. consumer law) on the other.
Throughout the course there will be a strong focus on cases and the differences the application of the mentioned legal sources to identical facts will result in.
Learning outcomes and qualification goals:
The course encourages close and interactive reading of key legislative and judicial texts, at both national and European levels (including decisions of the German Supreme Court (in English translation) and of the European Court of Justice). The objective is to introduce students to a major range of European contract law disputes (formation of contract, unfair terms etc.) that require the handling of domestic, comparative and European Union private law materials and techniques at once. Further the course intends to foster critical awareness of the complex ways in which domestic private laws are subject to Europeanization, and how European laws re-arrange domestic private laws
The course will provide a framework for an advanced comprehension of European private law in comparative perspective, with an eye on the impact of Community legislation and adjudication on national legal systems.
The focus of the first part is on the core aspect of European private law, namely contract law. It will cover both uniform rules, such as the uniform sales law (but also their predecessors PECL and UNIDROIT) on the one hand, the relevant directives harmonizing national private laws on the other. Further soft law as a driver for European Harmonization and national modernization will be covered.
In a second part general structures and core concepts of European private law will be covered. This will in particular relate to contracts as the most important means to create and organize legal environments on the one hand and the restraints on party autonomy in favour of the weaker party and the means for its protection (i.e. consumer law) on the other.
Throughout the course there will be a strong focus on cases and the differences the application of the mentioned legal sources to identical facts will result in.
- Development of European private law
- The different layers of legal sources
- Uniform sales law
- UNIDROIT and PECL
- Excessive harmonization
- The function of soft law
- Freedom of contracts as corner stone of European private law
- Restraints of party autonomy: the concept of the weaker party
Learning outcomes and qualification goals:
The course encourages close and interactive reading of key legislative and judicial texts, at both national and European levels (including decisions of the German Supreme Court (in English translation) and of the European Court of Justice). The objective is to introduce students to a major range of European contract law disputes (formation of contract, unfair terms etc.) that require the handling of domestic, comparative and European Union private law materials and techniques at once. Further the course intends to foster critical awareness of the complex ways in which domestic private laws are subject to Europeanization, and how European laws re-arrange domestic private laws
Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Andreas Maurer
Description:
Contents:
The course will provide a framework for an advanced comprehension of European private law in comparative perspective, with an eye on the impact of Community legislation and adjudication on national legal systems.
The focus of the first part is on the core aspect of European private law, namely contract law. It will cover both uniform rules, such as the uniform sales law (but also their predecessors PECL and UNIDROIT) on the one hand, the relevant directives harmonizing national private laws on the other. Further soft law as a driver for European Harmonization and national modernization will be covered.
In a second part general structures and core concepts of European private law will be covered. This will in particular relate to contracts as the most important means to create and organize legal environments on the one hand and the restraints on party autonomy in favour of the weaker party and the means for its protection (i.e. consumer law) on the other.
Throughout the course there will be a strong focus on cases and the differences the application of the mentioned legal sources to identical facts will result in.
The course encourages close and interactive reading of key legislative and judicial texts, at both national and European levels (including decisions of the German Supreme Court (in English translation) and of the European Court of Justice). The objective is to introduce students to a major range of European contract law disputes (formation of contract, unfair terms etc.) that require the handling of domestic, comparative and European Union private law materials and techniques at once. Further the course intends to foster critical awareness of the complex ways in which domestic private laws are subject to Europeanization, and how European laws re-arrange domestic private laws.
The course will provide a framework for an advanced comprehension of European private law in comparative perspective, with an eye on the impact of Community legislation and adjudication on national legal systems.
The focus of the first part is on the core aspect of European private law, namely contract law. It will cover both uniform rules, such as the uniform sales law (but also their predecessors PECL and UNIDROIT) on the one hand, the relevant directives harmonizing national private laws on the other. Further soft law as a driver for European Harmonization and national modernization will be covered.
In a second part general structures and core concepts of European private law will be covered. This will in particular relate to contracts as the most important means to create and organize legal environments on the one hand and the restraints on party autonomy in favour of the weaker party and the means for its protection (i.e. consumer law) on the other.
Throughout the course there will be a strong focus on cases and the differences the application of the mentioned legal sources to identical facts will result in.
- Development of European private law
- The different layers of legal sources
- Uniform sales law
- UNIDROIT and PECL
- Excessive harmonization
- The function of soft law
- Freedom of contracts as corner stone of European private law
- Restraints of party autonomy: the concept of the weaker party
The course encourages close and interactive reading of key legislative and judicial texts, at both national and European levels (including decisions of the German Supreme Court (in English translation) and of the European Court of Justice). The objective is to introduce students to a major range of European contract law disputes (formation of contract, unfair terms etc.) that require the handling of domestic, comparative and European Union private law materials and techniques at once. Further the course intends to foster critical awareness of the complex ways in which domestic private laws are subject to Europeanization, and how European laws re-arrange domestic private laws.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Fallstudien zu Human Resource Management in Organisationen (Exercise)
DE
Course type:
Exercise
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Prof. Dr. Achim Schunder
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Familienrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Forensic Psychology in Legal Contexts (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
The growth of forensic psychology as a science in the recent decades represents an evolution in profiling and crime detection. Understanding the causes and characteristics of deviant actions – commonly known as abnormal behavior – is crucial in determining diagnoses, planning intervention strategies and answering forensic referral questions.
In this course, students will acquire a broad understanding of psychopathologies related to crime. They are provided with an extensive overview of the main topics, such as criminal profiling, psychology in the criminal courts, the links to legal systems and related topics. Furthermore criminal behavior will be examined and challenges in the field will be discussed.
Moreover, special issues such as cybercrime, family violence, victimology, and police psychology will be covered.
The course is law oriented, which means the roles that forensic psychology professional could have in the court system will be explored and basic psychology knowledge will be delivered.
Literature:
- Dennis Howitt – Introduction to Forensic and Criminal Psychology, 2018, 6th Edition
- Sandie Taylor – Forensic Psychology: The basis, 2015
The course will be a block lecture but conceptualized as a seminar/
Examination type: essay paper. The final grade will be based on active participation in class, the presentation and the final paper that students have to submit.
Open to any exchange or full time bachelor and master student. No previous knowledge required.
The course will take place mostly online and if the situation with the pandemic allows it, it might take place on campus (mixed presence + digital) as well.
Instructor(s):
Dr. Elisa Berdica
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Gesellschaftsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
3
Attendance:
Online, live
Instructor(s):
Prof. Dr. Carsten Schäfer
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Haftungsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Attendance:
On-campus and online, live
Instructor(s):
Dr. Conrad Waldkirch
Handelsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
3
Instructor(s):
Prof. Dr. Andreas Maurer
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Criminal Law (Lecture w/
EN
Course type:
Lecture w/
ECTS:
8
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Literature:
Required reading materials will be provided electronically.
Introductory Readings (optional):
Introductory Readings (optional):
- Cassese, Antonio, ‘International Criminal Law’ (Oxford, Oxford University Press, 2008)
- Cryer, Robert, ‘An Introduction to International Criminal Law and Procedure’ (Cambridge, Cambridge University Press, 2010)
- Schabas, William A., ‘The International Criminal Court: A Commentary on the Rome Statute’ (Oxford, Oxford University Press, 2010)
- Werle, Gerhard, ‘Principles of International Criminal Law’ (The Hague, Asser, 2005)
Instructor(s):
Raphael Oidtmann
Description:
One of the most significant developments both in international law and international relations throughout the last two decades has been the (re-)emergence of an international legal order based on a robust interpretation of the concept of international criminal justice. By establishing both international and hybrid criminal courts addressing international core crimes such as genocide, crimes against humanity and war crimes, the international community has demonstrated an ever more growing commitment to end impunity for the most heinous crimes affecting mankind as a whole and to hold those bearing individual criminal responsibility personally accountable.
This course aims at providing students with a fundamental understanding of this increasingly important realm of public international law. Thus, in a first approach, an overview both of international criminal law’s theoretical foundation as well as its historical sources will be provided. Adjacently, focus will be given to the ad-hoc tribunals of the 1990s (such as the International Tribunal for the former Yugoslavia) and most prominently to the International Criminal Court (ICC) as the first permanent international organization addressing matters of international criminal justice.
Complementary to this institutional approach, the second part of the course will address material law aspects: Besides the abovementioned crimes as stipulated in the Rome Statute forming the International Criminal Court, attention will be given to further international crimes such as piracy or terrorism. Additionally, questions such as immunity from prosecution for heads of state or government, modes of liability, interdependencies between the national and international judicial sphere and notions of state sovereignty will be addressed throughout the course.
This course aims at providing students with a fundamental understanding of this increasingly important realm of public international law. Thus, in a first approach, an overview both of international criminal law’s theoretical foundation as well as its historical sources will be provided. Adjacently, focus will be given to the ad-hoc tribunals of the 1990s (such as the International Tribunal for the former Yugoslavia) and most prominently to the International Criminal Court (ICC) as the first permanent international organization addressing matters of international criminal justice.
Complementary to this institutional approach, the second part of the course will address material law aspects: Besides the abovementioned crimes as stipulated in the Rome Statute forming the International Criminal Court, attention will be given to further international crimes such as piracy or terrorism. Additionally, questions such as immunity from prosecution for heads of state or government, modes of liability, interdependencies between the national and international judicial sphere and notions of state sovereignty will be addressed throughout the course.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Human Rights Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Registration procedure:
The Universal Declaration of Human Rights (UDHR) of 1948 laid the foundation for the development of International Human Rights Law, and over the years multiple international human rights treaties and declarations, bills and laws have been inspired by it. In a broad sense International Human Rights Law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
This course will place Human Rights Law in the broader context of International Law, and will provide an overview of the concept and background of International Human Rights Law. It will furthermore aim to provide students with a fundamental understanding of the following topics:
The categories of Human Rights
States as the protector and enforcer of Human Rights
The United Nations Human Rights System
Treaty based Human Rights Bodies
Regional Human Rights Systems
Developments and current challenges in International Human Rights Law
Textbook for reference: Moeckli, Shar, and Sivakumaran, International Human Rights Law, Third Edition, 2018, Oxford University Press
The course will be conducted through lectures, seminars and discussions. Assessment and evaluation will be based on a writing assignment (essay) a presentation in class and active participation.
This course will place Human Rights Law in the broader context of International Law, and will provide an overview of the concept and background of International Human Rights Law. It will furthermore aim to provide students with a fundamental understanding of the following topics:
The categories of Human Rights
States as the protector and enforcer of Human Rights
The United Nations Human Rights System
Treaty based Human Rights Bodies
Regional Human Rights Systems
Developments and current challenges in International Human Rights Law
Textbook for reference: Moeckli, Shar, and Sivakumaran, International Human Rights Law, Third Edition, 2018, Oxford University Press
The course will be conducted through lectures, seminars and discussions. Assessment and evaluation will be based on a writing assignment (essay) a presentation in class and active participation.
Instructor(s):
Marelie Manders
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Humanitarian Law / The law of armed conflict (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
Online, live
Registration procedure:
International Humanitarian Law (IHL) is a body of rules that seeks to limit the effects of armed conflict. IHL protects those who are not participating in hostilities, and those who are no longer participating in hostilities. This body of law imposes limits on the methods and means of warfare. IHL forms part of public international law and is largely based on treaties and rules of customary international law.
In this course the development as well as the basic concepts of IHL will be explored. Students will be introduced to the most important documents governing armed conflict, learn how to apply these and will consider the challenges posed to the application of IHL in armed conflicts. A large part of the course will focus on the new developments in IHL including the emergence of new forms of armed conflicts and the development and use of new technologies in armed conflict.
Assessment
Assessment for this course will consist of one writing assignment and one open book exam.
In this course the development as well as the basic concepts of IHL will be explored. Students will be introduced to the most important documents governing armed conflict, learn how to apply these and will consider the challenges posed to the application of IHL in armed conflicts. A large part of the course will focus on the new developments in IHL including the emergence of new forms of armed conflicts and the development and use of new technologies in armed conflict.
Assessment
Assessment for this course will consist of one writing assignment and one open book exam.
Instructor(s):
Marelie Manders
Internationales Privatrecht II/
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Prof. Dr. Moritz Renner
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Introduction to German Constitutional Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
Online, live
Registration procedure:
The course provides a general introduction to German Constitutional Law i.e. the constitution, its background and contents and methods to work with constitutional legal texts.
The German Grundgesetz (Basic Law) which up to this day forms the formal constitutional document of the Federal Republic of Germany has its roots in the allied occupation of Western Germany after World War II. It has proven to be a reliable foundation for the development of the German democratic system and the federal state. The provision of fundamental rights (Art. 1 – 19) puts the Grundgesetz in the tradition of European and North American human rights thinking. It has had an enormous impact on all German law.
Although experiencing some changes throughout the years – especially during the process of the German reunification – the general structure and main provisions of the Grundgesetz remained unchanged.
The course will cover the structure of the German Grundgesetz and its most important provisions while putting a particular focus on the first chapter containing the fundamental rights provisions. Additionally, students will learn about constitutional law in general, the federal structure and the fundamental constitutional principles of the Federal Republic and its integration in the European Union legal system as well as understand the function of the constitutional organs and the legislative process.
Contents:
• The German legal system
• Constitutional Law
• The Grundgesetz and the European Union
• Fundamental Rights
• Fundamental Constitutional Principles
• The Federal State
• Constitutional organs
• Legislative procedure
• Public administration
• The judicial system
Learning Target:
Students will be able to understand the basic principles and most important provisions of the Grundgesetz and solve simple cases regarding fundamental rights. They will be familiar with the structure of the federal state and its function as well as its most important constitutional, administrative and judicial organs. Students can assess by way of comparison similarities and dissimilarities in other legal systems.
Literature:
No specific textbook is required. Additional reading recommendations will be given in the lecture.
Examination:
Oral Exam.
Introduction to German Private Law (Lecture)
EN
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.
An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘law book for citizens’ – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications.
However, both general private law, and commercial law are enforced by the same rules of civil procedure. The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers. Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from the European Union (EU), and the accepted methods of interpretation.
- Introduction to German Private Law
- The division between public law, general private law and commercial law
- The German Civil Code
- Influence from the EU
- Basic concepts and means of interpretation
- Function and Content of the General Part
- Law of obligations (contracts, torts, and unjust enrichment)
- Property Law
- Law of succession and company law (including partnerships and corporations)
- The system of law enforcement
Examination achievement:
Written examination
Description:
Contents:
The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.
An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘lawbook for citizens – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure.
The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers. Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from other jurisdictions, and the accepted methods of interpretation. The role of the judiciary for the further development of private law will be highlighted by analyzing leading cases of the Federal Court of Justice and the upper courts.
• Introduction to German Private Law
• The division between general private law and commercial law
• The German Civil Code
• Influence from other jurisdictions
• Basic concepts and means of interpretation
• Function and Content of the General Part
• Law of obligations (contracts, torts, and unjust enrichment)
• Property Law
• Law of succession and company law (including partnerships and corporations)
• The system of law enforcement
Learning outcomes and qualification goals:
Students will be acquainted with the overall structure of German private law and the German Civil Code as its main source. They will acquire the necessary skills to find the respective legal sources, do research on academic writing and case law and analyze whether a specific intended business action appears admissible or may imply legal risks.
Students are encouraged to make reference, by way of comparison, to the law of their own country in the class.
The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.
An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘lawbook for citizens – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure.
The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers. Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from other jurisdictions, and the accepted methods of interpretation. The role of the judiciary for the further development of private law will be highlighted by analyzing leading cases of the Federal Court of Justice and the upper courts.
• Introduction to German Private Law
• The division between general private law and commercial law
• The German Civil Code
• Influence from other jurisdictions
• Basic concepts and means of interpretation
• Function and Content of the General Part
• Law of obligations (contracts, torts, and unjust enrichment)
• Property Law
• Law of succession and company law (including partnerships and corporations)
• The system of law enforcement
Learning outcomes and qualification goals:
Students will be acquainted with the overall structure of German private law and the German Civil Code as its main source. They will acquire the necessary skills to find the respective legal sources, do research on academic writing and case law and analyze whether a specific intended business action appears admissible or may imply legal risks.
Students are encouraged to make reference, by way of comparison, to the law of their own country in the class.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Juristische Methodenlehre (Course)
DE
Course type:
Course
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Online, live
Literature:
Gast, Juristische Rhetorik, 5. Auflage (2015); Lagodny, Gesetzestexte suchen, verstehen und in der Klausur anwenden : Eine praxisorientierte Anleitung für rechtswissenschaftliches Arbeiten im Strafrecht, Öffentlichen Recht, Zivilrecht, 2. Auflage 2013; ders., Juristisches Begründen (2014); Larenz/
Description:
Wie legt man Rechtsnormen aus? Wie wendet man sie an? Welche Argumente sind bei der Auslegung und Anwendung erlaubt? Welche sind ausgeschlossen? Gibt es Unterschiede in der „Handhabung“ von Zivilrecht, Strafrecht und Öffentlichem Recht? Wie lassen sich Auslegungsregeln begründen? Sind sie selbst Bestandteil des Rechts? Wie frei ist ein Gericht bei der Interpretation von Rechtsnormen? – Die Vorlesung gibt Antworten auf diese Fragen. Diese Antworten sind hochgradig examens-, aber auch grundlegend praxisrelevant. Denn Methodenwissen ermöglicht, Lösungen auch für bislang unbekannte rechtliche Probleme zu entwickeln. Die Methode(n) der Auslegung und Anwendung des (geschriebenen) Rechts zu beherrschen kann darum nicht hoch genug eingeschätzt werden. Die Vorlesung „Juristische Methodenlehre“ will zugleich Wege zu einem strukturierenden Lernen und Verstehen des Rechts als eines Systems ebnen. Sie befasst sich mit dem „Handwerkszeug“ juristischer Arbeit, ohne das die juristische Falllösung nicht gelingen kann.
Kapitalmarktrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Prof. Dr. Moritz Renner
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Kartellrecht II (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Prof. Dr. Jens-Uwe Franck
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Koalitions- , Tarifvertrags- und Arbeitskampfrecht / Recht der Mitbestimmung (Kollektives Arbeitsrecht) (Lecture)
DE
Course type:
Lecture
ECTS:
12.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
4
Instructor(s):
Prof. Dr. Philipp Fischinger
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Kolloquium Rechtsphilosophie (Colloquium)
DE
Course type:
Colloquium
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Recommended requirement:
Literature:
Ergänzend: Seelmann/
Description:
Im Frühjahrssemester 2021 haben wir im Rahmen des Kolloquiums begonnen „Die Metaphysik der Sitten“ von Immanuel Kant zu lesen. Im Herbstsemester soll die gemeinsame Lektüre dieses Werks fortgesetzt werden. Dabei ist es nicht erforderlich, das Kolloquium im Frühjahr besucht zu haben.
Ziel ist es, nach einer Betrachtung von Kants Staatsrecht seine Konstruktion des Völkerrechts und schließlich auch das zu erschließen, was er Weltbürgerrecht nennt.
Besondere Aufmerksamkeit gilt also der internationalen Dimension des Rechts. Nach überkommener Sichtweise bilden Staaten die „ursprünglichen“ Rechtspersonen des Völkerrechts. Ihnen kommt Souveränität zu. Damit korrespondiert das Verbot, dass ein Staat sich in die ausschließlichen inneren oder äußeren Angelegenheiten eines anderen Staates einmischt (Interventionsverbot). Seit dem Ende des Zweiten Weltkriegs und der Gründung der Vereinten Nationen hat sich das internationale Recht aber dahin entwickelt, dass die Staaten der Welt kraft Völkerrechts zur Achtung und Wahrung von Menschenrechten verpflichtet sind – und dass diese staatliche Verpflichtung mit subjektiven Rechten des Einzelmenschen korrespondiert. Die historische Entwicklung des Völkerrechts verläuft damit „vom Staat hin zum Einzelmenschen“ (menschenrechtlich gesehen gleichsam ein „top-down approach“).
Grundlegende praktische Bemühungen um eine friedliche Weltordnung nach dem Ersten Weltkrieg lehnten sich auch an die Philosophie Immanuel Kants an, für den die Schaffung eines Völkerbundes der Schlüssel zu einer vernunftrechtlichen Ordnung darstellt.
Kant gründet sein öffentliches Recht darauf, dass allen Menschen ein (gleiches) Recht auf Freiheit angeboren sei, und konstruiert von da aus nicht nur die Gründung eines Staates, sondern letztlich auch das Völkerrecht. Im Vergleich zur historischen Entwicklung verfolgt Kant also einen „bottom-up approach“.
Das Kolloquium will Kants Rechtsphilosophie in den Blick nehmen und sein „System“ des Rechts mit dem geltenden Völkerrecht kontrastieren.
Beifachstudierende des Öffentlichen Rechts können die Prüfungsleistung für ihr Wahlfach erbringen, indem sie im Anschluss an eine Kolloquiumsstunde deren Inhalt sowie den Inhalt des besprochenen Buchausschnitts zusammenfassen und in der Folgestunde kurz präsentieren.
Ziel ist es, nach einer Betrachtung von Kants Staatsrecht seine Konstruktion des Völkerrechts und schließlich auch das zu erschließen, was er Weltbürgerrecht nennt.
Besondere Aufmerksamkeit gilt also der internationalen Dimension des Rechts. Nach überkommener Sichtweise bilden Staaten die „ursprünglichen“ Rechtspersonen des Völkerrechts. Ihnen kommt Souveränität zu. Damit korrespondiert das Verbot, dass ein Staat sich in die ausschließlichen inneren oder äußeren Angelegenheiten eines anderen Staates einmischt (Interventionsverbot). Seit dem Ende des Zweiten Weltkriegs und der Gründung der Vereinten Nationen hat sich das internationale Recht aber dahin entwickelt, dass die Staaten der Welt kraft Völkerrechts zur Achtung und Wahrung von Menschenrechten verpflichtet sind – und dass diese staatliche Verpflichtung mit subjektiven Rechten des Einzelmenschen korrespondiert. Die historische Entwicklung des Völkerrechts verläuft damit „vom Staat hin zum Einzelmenschen“ (menschenrechtlich gesehen gleichsam ein „top-down approach“).
Grundlegende praktische Bemühungen um eine friedliche Weltordnung nach dem Ersten Weltkrieg lehnten sich auch an die Philosophie Immanuel Kants an, für den die Schaffung eines Völkerbundes der Schlüssel zu einer vernunftrechtlichen Ordnung darstellt.
Kant gründet sein öffentliches Recht darauf, dass allen Menschen ein (gleiches) Recht auf Freiheit angeboren sei, und konstruiert von da aus nicht nur die Gründung eines Staates, sondern letztlich auch das Völkerrecht. Im Vergleich zur historischen Entwicklung verfolgt Kant also einen „bottom-up approach“.
Das Kolloquium will Kants Rechtsphilosophie in den Blick nehmen und sein „System“ des Rechts mit dem geltenden Völkerrecht kontrastieren.
Beifachstudierende des Öffentlichen Rechts können die Prüfungsleistung für ihr Wahlfach erbringen, indem sie im Anschluss an eine Kolloquiumsstunde deren Inhalt sowie den Inhalt des besprochenen Buchausschnitts zusammenfassen und in der Folgestunde kurz präsentieren.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Kreditsicherungsrecht mit integrierter Übung (Lecture w/
DE
Course type:
Lecture w/
ECTS:
10.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
4
Attendance:
On-campus and online, live
Instructor(s):
Prof. Dr. Georg Bitter
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Legal Tech (Lecture)
DE
Course type:
Lecture
ECTS:
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Online, live
Instructor(s):
Dr. Clemens Christoph Birkert
Ökonomische Analyse des Rechts (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Erik Röder
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Privatversicherungsrecht II (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Dr. Conrad Waldkirch
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Sachenrecht ohne EBV (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
3
Instructor(s):
Prof. Dr. Friedemann Kainer
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Steuerverfahrensrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Prof. Dr. Holger Jenzen
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Umsatzsteuerrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Dr. Manfred Muhler
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Urheberrecht (Lecture)
DE
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Prof. Dr. Nadine Klass
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Vertragsrecht BT (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Prof. Dr. Mark Makowsky
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Zivilprozessrecht mit Zwangsvollstreckung (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
3
Attendance:
Online, live
Instructor(s):
Prof. Dr. Erik Röder
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Master
An Introduction to the Law and Legal System of the United States (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Registration procedure:
This course will introduce students to distinctive aspects that comprise the law and legal system of the United States. Topics will examine the interplay between state and federal court systems, as well as sources of law and law making, the American legal education and becoming a lawyer. We will explore key subjects from first-year law school curriculum including torts, contract, property, constitutional law, criminal law, and criminal and civil procedure. Other topics will include the jury trial, class actions, punitive damages, and practical aspects of the law in the United States, such as rules of discovery and the basics of legal research, writing and trial advocacy.
Generally, the course will be split into three parts: first, general aspects of U.S. laws and legal system; second, an overview of substantive topics in key subject areas of law; and, third, practicing law in the United States including commencing a lawsuit, research, and litigation.
Lecturer: Ms. Sheila O'Laughlin
Generally, the course will be split into three parts: first, general aspects of U.S. laws and legal system; second, an overview of substantive topics in key subject areas of law; and, third, practicing law in the United States including commencing a lawsuit, research, and litigation.
Lecturer: Ms. Sheila O'Laughlin
Instructor(s):
Sheila O'Laughlin
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Arbeitsrecht bei M&A und Restrukturierung (Lecture)
DE
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Arbeitsrecht in der Personalarbeit (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Prof. Dr. Philipp Fischinger
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Comparative Law I: European Legal Traditions (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law and insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions, will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered.
Furthermore, the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second. The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Oliver Brand
Description:
Contents:
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences, are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law, insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered. Furthermore the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second.
The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
The course Comparative Law deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view. Further it aims at introducing students to fundamental concepts of the European Legal families, which more often than not serve as model for European harmonization. The insight will provide students with the necessary analytical background allowing them to carry out comparative legal analysis in their respective further fields of studies.
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences, are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law, insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered. Furthermore the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second.
The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
- Aims and methods of comparative law research
- Principle of equality of all legal orders
- Grouping of legal families according to historic origin or structure
- Basic concepts of contract law: party autonomy, formation of contract, performance
- Basic concepts of business law: division of work, liability, tort law, insurance
- Hybrids and legal transplants
The course Comparative Law deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view. Further it aims at introducing students to fundamental concepts of the European Legal families, which more often than not serve as model for European harmonization. The insight will provide students with the necessary analytical background allowing them to carry out comparative legal analysis in their respective further fields of studies.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Corporate Governance I (Lecture)
DE
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Christian Arnold
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Das französische Recht und seine Rechtssprache (Course)
FR
Course type:
Course
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
French
Instructor(s):
Prof. Dr. Rupert Vogel
Deutsch für Juristen (Course)
DE
Course type:
Course
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Literature:
F. E. Schnapp, „Stilfibel für Juristen“, Münster 2004.
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
Description:
Juristen müssen sich verständlich machen können – nicht nur untereinander, sondern (vor allem) gegenüber Laien. Zumal rund 80 Prozent von ihnen den Beruf des Rechtsanwalts oder der Anwältin ergreifen. Und für diese gilt: Mandanten sind Kunden auf einem umkämpften Markt für Beratungsdienstleistungen. Aber auch Richter, Unternehmens-, Verwaltungs- und Verbandsjuristen müssen (ebenso wie Journalisten und Politiker) ihre Fachkenntnisse und Botschaften an den Mann und an die Frau bringen. Rechtskundige pflegen jedoch einen umständlichen und gekünstelten Sprachstil. Schachtelsätze, Nominal- und Passivkonstruktionen, altertümliche Redewendungen, das Kleben an Fachbegriffen u.a. verbauen den Zugang zum Gesprächspartner und zur Öffentlichkeit.
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
E-Commerce & Internet (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Registration procedure:
The course gives a thorough introduction to the legal problems, which may occur in the course of the use of the internet in general and e-commerce in particular. It is focused on the view of business related activities. Based on an introduction to the infrastructure of the internet the course will analyse the major legal issues of five economically relevant sections :
- E-Commerce & Private Law
- Advertising for e-commerce
- Online shops and copyright law
- Domains
- Cross border e-commerce
The chapter on E-Commerce & Private Law will inter alia cover formation of contract, standard terms and conditions, consumer protection and specific problems connected to internet auctions and mobile commerce.
Advertising for e-commerce will take a look at rules of unfair competition, required imprint information, the ban on spamming, specific requirements for sales of pharmaceutical products via the internet and, of course, on ad-words. Further the liability under tele media law, for hyperlinks, hotspot operators and for user generated content will be an important issue.
The section on copyright law and online shops will focus on copyright restrictions for the presentation of content (including file sharing and streaming) and will take a look on the protection of content and websites.
The section on domains will explain the domain name system and its implications on trademark law and unfair competition law. It will also look at the possibilities to protect a domain as trademark. Finally and the legal consequences of infringement will be covered.
Examination achievement:
Written examination
Description:
Contents:
The course gives a thorough introduction to the legal problems, which may occur in the course of the use of the internet in general and e-commerce in particular. It is focused on the view of business related activities. Based on an introduction to the infrastructure of the internet the course will analyze the major legal issues of five economically relevant sections :
• E-Commerce & Private Law
• Advertising for e-commerce
• Online shops and copyright law
• Domains
• Cross border e-commerce
The chapter on E-Commerce & Private Law will inter alia cover formation of contract, , standard terms and conditions, consumer protection and specific problems connected to internet auctions.
Advertising for e-commerce will take a look at rules of unfair competition, required imprint information, the ban on spaming, specific requirements for sales of pharmaceutical products via the internet and, of course, on ad-words. Further the liability under telemedia law, for hyperlinks and for user generated content will be an important issue.
The section on copyright law and online shops will focus on copyright restrictions for the presentation of content (including filesharing and p2p- markets) and will take a look on the protection of content and websites.
The section on domains will explain the technical basics, the structure of an URL and the system of allocation of Second-Level-Domains. It will focus on trademark law and unfair competition law restrictions to use a domain. It will also look at the possibilities to protect a domain as trademark. Finally the and legal consequences of infringement will be covered.
Learning outcomes and qualification goals:
The students are instructed to apply their knowledge of structures and rules to the field of e- commerce. They will be acquainted with the general legal rules and regulations for e-commerce. Most important they will learn how the general rules have to be adapted to suit this virtual environment. Leading cases will be discussed and demonstrate how the courts have adjusted the legal regime, overcome some uncertainties and filled the gaps. Students shall be enabled to audit the requirements for e-commerce projects and to solve legal problems which have resulted in the course of e-business. The class will learn argumentation and procedural strategies of legal challenge and defense in e-commerce cases. Students are invited to draft general terms of business, website imprints and cancellation policies in study groups.
The course gives a thorough introduction to the legal problems, which may occur in the course of the use of the internet in general and e-commerce in particular. It is focused on the view of business related activities. Based on an introduction to the infrastructure of the internet the course will analyze the major legal issues of five economically relevant sections :
• E-Commerce & Private Law
• Advertising for e-commerce
• Online shops and copyright law
• Domains
• Cross border e-commerce
The chapter on E-Commerce & Private Law will inter alia cover formation of contract, , standard terms and conditions, consumer protection and specific problems connected to internet auctions.
Advertising for e-commerce will take a look at rules of unfair competition, required imprint information, the ban on spaming, specific requirements for sales of pharmaceutical products via the internet and, of course, on ad-words. Further the liability under telemedia law, for hyperlinks and for user generated content will be an important issue.
The section on copyright law and online shops will focus on copyright restrictions for the presentation of content (including filesharing and p2p- markets) and will take a look on the protection of content and websites.
The section on domains will explain the technical basics, the structure of an URL and the system of allocation of Second-Level-Domains. It will focus on trademark law and unfair competition law restrictions to use a domain. It will also look at the possibilities to protect a domain as trademark. Finally the and legal consequences of infringement will be covered.
Learning outcomes and qualification goals:
The students are instructed to apply their knowledge of structures and rules to the field of e- commerce. They will be acquainted with the general legal rules and regulations for e-commerce. Most important they will learn how the general rules have to be adapted to suit this virtual environment. Leading cases will be discussed and demonstrate how the courts have adjusted the legal regime, overcome some uncertainties and filled the gaps. Students shall be enabled to audit the requirements for e-commerce projects and to solve legal problems which have resulted in the course of e-business. The class will learn argumentation and procedural strategies of legal challenge and defense in e-commerce cases. Students are invited to draft general terms of business, website imprints and cancellation policies in study groups.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
E5060 Interdisciplinary Competition and Regulation Seminar (Seminar)
EN
Course type:
Seminar
ECTS:
5.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Volker Nocke
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Einführung in das deutsche Zivilrecht für ausländische Studierende (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Registration procedure:
The course gives an introduction to German private law especially for foreign law students. The course begins with an overview of the legal sources of German law. In particular, the special position of the Civil Code and its historical development will be discussed.
Then the most important legal areas of the Civil Code will be worked out on the basis of systematic descriptions and case solutions. By focusing on the law of torts, the law of obligations and the law of property, the working method in German civil law is clarified. Short introductions to inheritance and family law, company law and civil procedural law round off the course through private law.
Structure
- Definition of private law, historical development
- Structure of the BGB
- tort law
- law of obligations
- property law
- Inheritance and Family Law, Company Law and Civil Procedure Law at a Glance
The aim of the course is to ensure that students are familiar with the structures of German civil law by the end of the course and that they are able to handle smaller cases with the knowledge they have acquired.
Instructor(s):
Daniel Friedrich
EU Fundamental Rights (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Examination achievement:
Written examination
Description:
Contents:
The European Union (EU) possesses strong regulatory powers, the use of which, directly or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC) law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/
• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.
Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relationships with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
The European Union (EU) possesses strong regulatory powers, the use of which, directly or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC) law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/
• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.
Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relationships with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
European Competition Law (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Registration procedure:
Over the past 40 years, the rules on Competition Law (Antitrust) in the EU have developed into a substantial body of law. They constitute directly applicable rules for enterprises, and as such they are of immediate concern to them. Contracts in violation of the rules are unenforceable and huge fines are imposed in case of infringements while parties that suffered damages may litigate before a national civil court.
This course offers an introduction to main areas of EU competition law illustrated by practical examples which in part reflect the lecturer’s own experience as an eminent German antitrust practitioner. Core elements of EU competition law treated include the concepts of horizontal and vertical restraints of competition, the importance of market definitions and the various techniques used therefore, the role of market power for Articles 101 and 102 TFEU (and implementing regulations and guidelines) and the basic outlines of European merger control.
It is the aim of the course to provide the participants with a solid basis for the practice of competition law. The course will cover the main features of the EU rules both from a substantive and a procedural perspective, including the relationship between EU and national competition law as well as the economic principles and procedures concerning merger control.
Examination achievement:
Written examination
Instructor(s):
Dr. Albrecht Bach
Description:
Contents:
Over the past 40 years, the rules on Competition Law (Antitrust) in the EU have developed into a substantial body of law. They constitute directly applicable rules for enterprises, and as such they are of immediate concern to them. Contracts in violation of the rules are unenforceable and huge fines are imposed in case of infringements while parties that suffered damages may litigate before a national civil court.
This course offers an introduction to main areas of EU competition law illustrated by practical examples which in part reflect the lecturer’s own experience as an eminent German antitrust practitioner. Core elements of EU competition law treated include the concepts of horizontal and vertical restraints of competition, the importance of market definitions and the various techniques used therefore, the role of market power for Articles 101 and 102 TFEU (and implementing regulations and guidelines) and the basic outlines of merger control (articles 107–109 TFEU).
It is the aim of the course to provide the participants with a solid basis for the practice of competition law. The course will cover the main features of the EU rules both from a substantive and a procedural perspective, including government induced distortions of competition, the relationship between EU and national competition law, the economic principles and procedures concerning merger control, and the rules on state aid.
Students will be required to understand the specific economic approach to the application of competition law favoured by the EU Commission. They will become familiar with original decisions by the EU Commission and the European Courts dealing with competition aspects. The course aims to allow a basic understanding of how competition law affects business decisions. The students will be required to draw comparisons between the system of EU competition law and their own national competition law. To the extent possible the students will be invited to contribute skills developed in neighbouring subjects such as economics and institutional law of the European communities.
Over the past 40 years, the rules on Competition Law (Antitrust) in the EU have developed into a substantial body of law. They constitute directly applicable rules for enterprises, and as such they are of immediate concern to them. Contracts in violation of the rules are unenforceable and huge fines are imposed in case of infringements while parties that suffered damages may litigate before a national civil court.
This course offers an introduction to main areas of EU competition law illustrated by practical examples which in part reflect the lecturer’s own experience as an eminent German antitrust practitioner. Core elements of EU competition law treated include the concepts of horizontal and vertical restraints of competition, the importance of market definitions and the various techniques used therefore, the role of market power for Articles 101 and 102 TFEU (and implementing regulations and guidelines) and the basic outlines of merger control (articles 107–109 TFEU).
It is the aim of the course to provide the participants with a solid basis for the practice of competition law. The course will cover the main features of the EU rules both from a substantive and a procedural perspective, including government induced distortions of competition, the relationship between EU and national competition law, the economic principles and procedures concerning merger control, and the rules on state aid.
- The fight against cartels
- Abuse of dominance
- Investigating and sanctioning cartels
- Merger control
- State aid control
Students will be required to understand the specific economic approach to the application of competition law favoured by the EU Commission. They will become familiar with original decisions by the EU Commission and the European Courts dealing with competition aspects. The course aims to allow a basic understanding of how competition law affects business decisions. The students will be required to draw comparisons between the system of EU competition law and their own national competition law. To the extent possible the students will be invited to contribute skills developed in neighbouring subjects such as economics and institutional law of the European communities.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
European Market Freedoms (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
All private persons or companies upon entering one of the EU Member States not only come under this single State’s national legal order. They are immediately affected by “European Law”, the law of the European Union granting them certain rights and privileges but also requiring them to comply with certain duties and obligations.
The internal market is one of the essential cornerstones of the European Union. The Market Freedoms lie at its heart. The free movement of goods, persons, services and capital is essential for unifying the markets while ensuring competition and trade within Europe. The freedoms grant direct effective rights to private persons and legal persons, which can be enforced before national courts, and guarantee the freedom of contract in a transnational perspective.
The course will focus on a systematic survey of the market freedoms by the means of studying the jurisdiction of the European Court of Justice.
- General concept of the market freedoms
- Development and aim of market freedoms
- Leading cases of the European Court of Justice
- Function of market freedom fostering integration
- Further development of market freedoms
- Impact of market freedoms (compliance)
Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Jens-Uwe Franck
Description:
Contents:
All private persons or companies upon entering one of the EU Member States not only come under this single State’s national legal order. They are immediately affected by “European Law”, the law of the European Union granting them certain rights and privileges but also requiring them to comply with certain duties and obligations.
The internal market is one of the essential cornerstones of the European Union. Its core are the Market Freedoms. The free movement of goods, persons, services and capital is essential for unifying the markets while ensuring competition and trade within Europe. The freedoms grant direct effective rights to private persons and legal persons, which can be enforced before national courts, and guarantee the freedom of contract in a transnational perspective.
The course will focus on a systematic survey of the market freedoms by the means of studying the jurisdiction of the European Court of Justice.
This course is intended to give the students a thorough grounding in the substantive provisions on the internal market, i.e. on the ‘four freedoms’ as well as on their link to competition law. Participants will improve their ability to read and understand the Court’s decisions. The course also aims at training students to discuss cases critically and to enhance their skills of dealing with new and as yet unknown problems of substantive European Community law by applying the generally acknowledged methods of interpretation.
All private persons or companies upon entering one of the EU Member States not only come under this single State’s national legal order. They are immediately affected by “European Law”, the law of the European Union granting them certain rights and privileges but also requiring them to comply with certain duties and obligations.
The internal market is one of the essential cornerstones of the European Union. Its core are the Market Freedoms. The free movement of goods, persons, services and capital is essential for unifying the markets while ensuring competition and trade within Europe. The freedoms grant direct effective rights to private persons and legal persons, which can be enforced before national courts, and guarantee the freedom of contract in a transnational perspective.
The course will focus on a systematic survey of the market freedoms by the means of studying the jurisdiction of the European Court of Justice.
- General concept of the market freedoms
- Development and aim of market freedoms
- Leading cases of the European Court of Justice
- Function of market freedom fostering integration
- Further development of market freedoms
- Impact of market freedoms (compliance)
This course is intended to give the students a thorough grounding in the substantive provisions on the internal market, i.e. on the ‘four freedoms’ as well as on their link to competition law. Participants will improve their ability to read and understand the Court’s decisions. The course also aims at training students to discuss cases critically and to enhance their skills of dealing with new and as yet unknown problems of substantive European Community law by applying the generally acknowledged methods of interpretation.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
European Private Law (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
Contents:
The course will provide a framework for an advanced comprehension of European private law in comparative perspective, with an eye on the impact of Community legislation and adjudication on national legal systems.
The focus of the first part is on the core aspect of European private law, namely contract law. It will cover both uniform rules, such as the uniform sales law (but also their predecessors PECL and UNIDROIT) on the one hand, the relevant directives harmonizing national private laws on the other. Further soft law as a driver for European Harmonization and national modernization will be covered.
In a second part general structures and core concepts of European private law will be covered. This will in particular relate to contracts as the most important means to create and organize legal environments on the one hand and the restraints on party autonomy in favour of the weaker party and the means for its protection (i.e. consumer law) on the other.
Throughout the course there will be a strong focus on cases and the differences the application of the mentioned legal sources to identical facts will result in.
Learning outcomes and qualification goals:
The course encourages close and interactive reading of key legislative and judicial texts, at both national and European levels (including decisions of the German Supreme Court (in English translation) and of the European Court of Justice). The objective is to introduce students to a major range of European contract law disputes (formation of contract, unfair terms etc.) that require the handling of domestic, comparative and European Union private law materials and techniques at once. Further the course intends to foster critical awareness of the complex ways in which domestic private laws are subject to Europeanization, and how European laws re-arrange domestic private laws
The course will provide a framework for an advanced comprehension of European private law in comparative perspective, with an eye on the impact of Community legislation and adjudication on national legal systems.
The focus of the first part is on the core aspect of European private law, namely contract law. It will cover both uniform rules, such as the uniform sales law (but also their predecessors PECL and UNIDROIT) on the one hand, the relevant directives harmonizing national private laws on the other. Further soft law as a driver for European Harmonization and national modernization will be covered.
In a second part general structures and core concepts of European private law will be covered. This will in particular relate to contracts as the most important means to create and organize legal environments on the one hand and the restraints on party autonomy in favour of the weaker party and the means for its protection (i.e. consumer law) on the other.
Throughout the course there will be a strong focus on cases and the differences the application of the mentioned legal sources to identical facts will result in.
- Development of European private law
- The different layers of legal sources
- Uniform sales law
- UNIDROIT and PECL
- Excessive harmonization
- The function of soft law
- Freedom of contracts as corner stone of European private law
- Restraints of party autonomy: the concept of the weaker party
Learning outcomes and qualification goals:
The course encourages close and interactive reading of key legislative and judicial texts, at both national and European levels (including decisions of the German Supreme Court (in English translation) and of the European Court of Justice). The objective is to introduce students to a major range of European contract law disputes (formation of contract, unfair terms etc.) that require the handling of domestic, comparative and European Union private law materials and techniques at once. Further the course intends to foster critical awareness of the complex ways in which domestic private laws are subject to Europeanization, and how European laws re-arrange domestic private laws
Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Andreas Maurer
Description:
Contents:
The course will provide a framework for an advanced comprehension of European private law in comparative perspective, with an eye on the impact of Community legislation and adjudication on national legal systems.
The focus of the first part is on the core aspect of European private law, namely contract law. It will cover both uniform rules, such as the uniform sales law (but also their predecessors PECL and UNIDROIT) on the one hand, the relevant directives harmonizing national private laws on the other. Further soft law as a driver for European Harmonization and national modernization will be covered.
In a second part general structures and core concepts of European private law will be covered. This will in particular relate to contracts as the most important means to create and organize legal environments on the one hand and the restraints on party autonomy in favour of the weaker party and the means for its protection (i.e. consumer law) on the other.
Throughout the course there will be a strong focus on cases and the differences the application of the mentioned legal sources to identical facts will result in.
The course encourages close and interactive reading of key legislative and judicial texts, at both national and European levels (including decisions of the German Supreme Court (in English translation) and of the European Court of Justice). The objective is to introduce students to a major range of European contract law disputes (formation of contract, unfair terms etc.) that require the handling of domestic, comparative and European Union private law materials and techniques at once. Further the course intends to foster critical awareness of the complex ways in which domestic private laws are subject to Europeanization, and how European laws re-arrange domestic private laws.
The course will provide a framework for an advanced comprehension of European private law in comparative perspective, with an eye on the impact of Community legislation and adjudication on national legal systems.
The focus of the first part is on the core aspect of European private law, namely contract law. It will cover both uniform rules, such as the uniform sales law (but also their predecessors PECL and UNIDROIT) on the one hand, the relevant directives harmonizing national private laws on the other. Further soft law as a driver for European Harmonization and national modernization will be covered.
In a second part general structures and core concepts of European private law will be covered. This will in particular relate to contracts as the most important means to create and organize legal environments on the one hand and the restraints on party autonomy in favour of the weaker party and the means for its protection (i.e. consumer law) on the other.
Throughout the course there will be a strong focus on cases and the differences the application of the mentioned legal sources to identical facts will result in.
- Development of European private law
- The different layers of legal sources
- Uniform sales law
- UNIDROIT and PECL
- Excessive harmonization
- The function of soft law
- Freedom of contracts as corner stone of European private law
- Restraints of party autonomy: the concept of the weaker party
The course encourages close and interactive reading of key legislative and judicial texts, at both national and European levels (including decisions of the German Supreme Court (in English translation) and of the European Court of Justice). The objective is to introduce students to a major range of European contract law disputes (formation of contract, unfair terms etc.) that require the handling of domestic, comparative and European Union private law materials and techniques at once. Further the course intends to foster critical awareness of the complex ways in which domestic private laws are subject to Europeanization, and how European laws re-arrange domestic private laws.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
European Tax Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Registration procedure:
European Union Law has an increasing impact on the taxation of private individuals as well as of companies doing business in Europe. While the European Union has no original tax authority its law has a major influence on national tax laws.
The course will start with an introduction into European Union Tax Law, the aims and measures so far taken by European institutions. After that the course will cover the positive harmonization of indirect taxes mainly by European directives. In a third part the course will focus on secondary law harmonizing direct taxes in Europe, e.g. the Parent-Subsidiary Directive. In a last section the course deals with the importance of the fundamental freedoms for the taxation in Europe. A special focus will be put on the case law of the European Court of Justice.
- Basic principles of European Law
- Harmonization of indirect and direct taxes by primary and secondary law
- Fundamental freedoms referring to taxation in Europe
- Important case law
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
European Union Law: Institutional Aspects (Lecture)
EN
Course type:
Lecture
ECTS:
2
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Examination achievement:
Written examination
Description:
Contents:
The European Union (EU) is an international organization of a supranational character and, as such, part of a multi-level system of government. Traditionally, EU law has concentrated on the creation and functioning of what is called the Internal Market. The addition of new policies, e.g., in the fields of asylum, border controls or foreign and security policy, has not diminished, but rather increased its impact on all fields of economically relevant law.
EU law not only interacts with the domestic law of each of the Union’s Member States. To a considerable extent, it directly affects legal relations within the Member States’ legal spheres, whether they are of a public- or a private-law nature. This holds true both of the EU’s “primary law”, i.e. provisions of the treaties, protocols and annexes, and of its “secondary law”, i.e. legal acts issued by EU institutions, which can take the forms of regulations, directives and decisions as well as opinions and recommendations.
The course will introduce the main sources of primary law (the Treaties, i.e. EU, TFEU), the institutions (Commission, Parliament, Council, Court of Justice) and the different means of action (Regulation, Directive, Recommendation, Soft Law). The respective legal sources of secondary law, the procedures for their creation or enactment, their position in the hierarchy of norms as well as their legal effects, their implementation and enforcement will be covered. Further the course will focus on the interplay between European and national law, analyzing, inter alia, the need for harmonized interpretation and the mechanisms – such as preliminary rulings – by which EU law tries to achieve this aim. Furthermore, the judicial remedies against breaches of EU law, especially those available to individuals and private corporations (including actions for damages), are of interest.
The course aims at thoroughly familiarizing the students with the primary materials of European Union Law (texts of Treaties, secondary legislation and case law) and with a profound knowledge about various themes of European rule-making, which shows an ever stronger regulatory effect on the national legal orders of the member States.
In presenting the institutional law and the competences of the EU as well as the effects of EU law in the Member States’ domestic spheres, the course intends to provide students with the knowledge of EU law, which they need in order to understand European business law thoroughly. Due regard will be taken of current challenges of European law, resulting e.g. presently from the financial crises in several States within the euro area.
The European Union (EU) is an international organization of a supranational character and, as such, part of a multi-level system of government. Traditionally, EU law has concentrated on the creation and functioning of what is called the Internal Market. The addition of new policies, e.g., in the fields of asylum, border controls or foreign and security policy, has not diminished, but rather increased its impact on all fields of economically relevant law.
EU law not only interacts with the domestic law of each of the Union’s Member States. To a considerable extent, it directly affects legal relations within the Member States’ legal spheres, whether they are of a public- or a private-law nature. This holds true both of the EU’s “primary law”, i.e. provisions of the treaties, protocols and annexes, and of its “secondary law”, i.e. legal acts issued by EU institutions, which can take the forms of regulations, directives and decisions as well as opinions and recommendations.
The course will introduce the main sources of primary law (the Treaties, i.e. EU, TFEU), the institutions (Commission, Parliament, Council, Court of Justice) and the different means of action (Regulation, Directive, Recommendation, Soft Law). The respective legal sources of secondary law, the procedures for their creation or enactment, their position in the hierarchy of norms as well as their legal effects, their implementation and enforcement will be covered. Further the course will focus on the interplay between European and national law, analyzing, inter alia, the need for harmonized interpretation and the mechanisms – such as preliminary rulings – by which EU law tries to achieve this aim. Furthermore, the judicial remedies against breaches of EU law, especially those available to individuals and private corporations (including actions for damages), are of interest.
- Foundation of the European Union: nature, structure and development
- Sources of European Union Law
- The organizational structure: EU institutions (e.g. European Parliament, European Council, Council, Commission, Court of Justice) their creation and functioning
- Court of Justice of the European Union: Means of judicial protection; uniform interpretation of EU Law; the interpretative guideline of effet utile
- Types of legislation and other means of action
- Implementation of EU Law in the Member States’ domestic legal orders;
- Effects of EU law on rights and obligations of individuals.
The course aims at thoroughly familiarizing the students with the primary materials of European Union Law (texts of Treaties, secondary legislation and case law) and with a profound knowledge about various themes of European rule-making, which shows an ever stronger regulatory effect on the national legal orders of the member States.
In presenting the institutional law and the competences of the EU as well as the effects of EU law in the Member States’ domestic spheres, the course intends to provide students with the knowledge of EU law, which they need in order to understand European business law thoroughly. Due regard will be taken of current challenges of European law, resulting e.g. presently from the financial crises in several States within the euro area.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Forensic Psychology in Legal Contexts (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
The growth of forensic psychology as a science in the recent decades represents an evolution in profiling and crime detection. Understanding the causes and characteristics of deviant actions – commonly known as abnormal behavior – is crucial in determining diagnoses, planning intervention strategies and answering forensic referral questions.
In this course, students will acquire a broad understanding of psychopathologies related to crime. They are provided with an extensive overview of the main topics, such as criminal profiling, psychology in the criminal courts, the links to legal systems and related topics. Furthermore criminal behavior will be examined and challenges in the field will be discussed.
Moreover, special issues such as cybercrime, family violence, victimology, and police psychology will be covered.
The course is law oriented, which means the roles that forensic psychology professional could have in the court system will be explored and basic psychology knowledge will be delivered.
Literature:
- Dennis Howitt – Introduction to Forensic and Criminal Psychology, 2018, 6th Edition
- Sandie Taylor – Forensic Psychology: The basis, 2015
The course will be a block lecture but conceptualized as a seminar/
Examination type: essay paper. The final grade will be based on active participation in class, the presentation and the final paper that students have to submit.
Open to any exchange or full time bachelor and master student. No previous knowledge required.
The course will take place mostly online and if the situation with the pandemic allows it, it might take place on campus (mixed presence + digital) as well.
Instructor(s):
Dr. Elisa Berdica
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Arbitration (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
Parties to international disputes tend to strive for litigation in their home countries. This is primarily attributable to the parties’ and their representatives’ familiarity with the system and language. This tendency can even be observed in cases where an informed choice would prove a foreign venue to be more favourable, be it for procedural reasons (e.g. evidence, costs of litigation) or matters of substance (applicable law, ordre public, mandatory rules of the forum, scope of private autonomy).
The opposite effect can be observed with regard to arbitration. Arbitration often is chosen by parties in the belief that it is a superior means of dispute resolution, e.g. because it is said to be time- and cost-efficient, neutral, arbitrators ensure high legal quality and superior understanding of business contexts. In fact arbitration can be a very reasonable means of solving legal disputes. But whether state courts must be shy of the comparison will depend on the arbitration rules and venue chosen and the subject matter or the dispute.
The course consists of two parts: The first focuses on cross border litigation before state courts, the second will provide an overview on arbitration law.
- Introduction: Impact of the forum on the dispute (lex fori and lex causae)
- International Jurisdiction of state courts (Brussels I Regulation)
- Provisional measures and procedural strategy
- Access to evidence in cross-border litigation
- Recognition and enforcement of foreign judgments (Brussels I Regulation)
- Advantages and Disadvantages of Arbitration
- Drafting arbitration agreements
- Introduction of common arbitration rules (ICC, LCIA, Swiss Rules, DIS)
- Conduct of arbitration proceedings
- Enforcing arbitration awards and the New York Convention
Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Lea Tochtermann
Description:
Contents:
Parties to international disputes tend to strive for litigation in their home countries. This is primarily attributable to the parties’ and their representatives’ familiarity with the system and language. This tendency can even be observed in cases where an informed choice would prove a foreign venue to be more favourable, be it for procedural reasons (e.g. evidence, costs of litigation) or matters of substance (applicable law, ordre public, mandatory rules of the forum, scope of private autonomy).
The opposite effect can be observed with regard to arbitration. Arbitration often is chosen by parties in the belief that it is a superior means of dispute resolution, e.g. because it is said to be time- and cost-efficient, neutral, arbitrators ensure high legal quality and superior understanding of business contexts. In fact arbitration can be a very reasonable means of solving legal disputes. But whether state courts must be shy of the comparison will depend on the arbitration rules and venue chosen and the subject matter or the dispute.
The course consists of two parts: The first focuses on cross border litigation before state courts, the second will provide an overview on arbitration law
European harmonization and the common internal market have led to a significant increase of transnational legal disputes. These pose significant challenges to both judges and lawyers trained in a single national legal system. A common reaction to these threat is to avoid foreign litigation and if possible to institute proceedings before the home venue.
As an alternative many disputes concerning international business transactions are subjected to arbitration. The course intends to provide an overview on state court and arbitration as alternative means to resolve disputes and familiarize the students with their respective advantages and disadvantages, which are indispensable for an informed choice.
Parties to international disputes tend to strive for litigation in their home countries. This is primarily attributable to the parties’ and their representatives’ familiarity with the system and language. This tendency can even be observed in cases where an informed choice would prove a foreign venue to be more favourable, be it for procedural reasons (e.g. evidence, costs of litigation) or matters of substance (applicable law, ordre public, mandatory rules of the forum, scope of private autonomy).
The opposite effect can be observed with regard to arbitration. Arbitration often is chosen by parties in the belief that it is a superior means of dispute resolution, e.g. because it is said to be time- and cost-efficient, neutral, arbitrators ensure high legal quality and superior understanding of business contexts. In fact arbitration can be a very reasonable means of solving legal disputes. But whether state courts must be shy of the comparison will depend on the arbitration rules and venue chosen and the subject matter or the dispute.
The course consists of two parts: The first focuses on cross border litigation before state courts, the second will provide an overview on arbitration law
- Introduction: Impact of the forum on the dispute (lex fori and lex causae)
- International Jurisdiction of state courts (Brussels I Regulation)
- Provisional measures and procedural strategy
- Access to evidence in cross-border litigation
- Recognition and enforcement of foreign judgments (Brussels I Regulation)
- Advantages and Disadvantages of Arbitration
- Drafting arbitration agreements
- Introduction of common arbitration rules (ICC, LCIA, Swiss Rules, DIS)
- Conduct of arbitration proceedings
- Enforcing arbitration awards and the New York Convention
European harmonization and the common internal market have led to a significant increase of transnational legal disputes. These pose significant challenges to both judges and lawyers trained in a single national legal system. A common reaction to these threat is to avoid foreign litigation and if possible to institute proceedings before the home venue.
As an alternative many disputes concerning international business transactions are subjected to arbitration. The course intends to provide an overview on state court and arbitration as alternative means to resolve disputes and familiarize the students with their respective advantages and disadvantages, which are indispensable for an informed choice.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Criminal Law (Lecture w/
EN
Course type:
Lecture w/
ECTS:
8
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Literature:
Required reading materials will be provided electronically.
Introductory Readings (optional):
Introductory Readings (optional):
- Cassese, Antonio, ‘International Criminal Law’ (Oxford, Oxford University Press, 2008)
- Cryer, Robert, ‘An Introduction to International Criminal Law and Procedure’ (Cambridge, Cambridge University Press, 2010)
- Schabas, William A., ‘The International Criminal Court: A Commentary on the Rome Statute’ (Oxford, Oxford University Press, 2010)
- Werle, Gerhard, ‘Principles of International Criminal Law’ (The Hague, Asser, 2005)
Instructor(s):
Raphael Oidtmann
Description:
One of the most significant developments both in international law and international relations throughout the last two decades has been the (re-)emergence of an international legal order based on a robust interpretation of the concept of international criminal justice. By establishing both international and hybrid criminal courts addressing international core crimes such as genocide, crimes against humanity and war crimes, the international community has demonstrated an ever more growing commitment to end impunity for the most heinous crimes affecting mankind as a whole and to hold those bearing individual criminal responsibility personally accountable.
This course aims at providing students with a fundamental understanding of this increasingly important realm of public international law. Thus, in a first approach, an overview both of international criminal law’s theoretical foundation as well as its historical sources will be provided. Adjacently, focus will be given to the ad-hoc tribunals of the 1990s (such as the International Tribunal for the former Yugoslavia) and most prominently to the International Criminal Court (ICC) as the first permanent international organization addressing matters of international criminal justice.
Complementary to this institutional approach, the second part of the course will address material law aspects: Besides the abovementioned crimes as stipulated in the Rome Statute forming the International Criminal Court, attention will be given to further international crimes such as piracy or terrorism. Additionally, questions such as immunity from prosecution for heads of state or government, modes of liability, interdependencies between the national and international judicial sphere and notions of state sovereignty will be addressed throughout the course.
This course aims at providing students with a fundamental understanding of this increasingly important realm of public international law. Thus, in a first approach, an overview both of international criminal law’s theoretical foundation as well as its historical sources will be provided. Adjacently, focus will be given to the ad-hoc tribunals of the 1990s (such as the International Tribunal for the former Yugoslavia) and most prominently to the International Criminal Court (ICC) as the first permanent international organization addressing matters of international criminal justice.
Complementary to this institutional approach, the second part of the course will address material law aspects: Besides the abovementioned crimes as stipulated in the Rome Statute forming the International Criminal Court, attention will be given to further international crimes such as piracy or terrorism. Additionally, questions such as immunity from prosecution for heads of state or government, modes of liability, interdependencies between the national and international judicial sphere and notions of state sovereignty will be addressed throughout the course.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Human Rights Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Registration procedure:
The Universal Declaration of Human Rights (UDHR) of 1948 laid the foundation for the development of International Human Rights Law, and over the years multiple international human rights treaties and declarations, bills and laws have been inspired by it. In a broad sense International Human Rights Law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
This course will place Human Rights Law in the broader context of International Law, and will provide an overview of the concept and background of International Human Rights Law. It will furthermore aim to provide students with a fundamental understanding of the following topics:
The categories of Human Rights
States as the protector and enforcer of Human Rights
The United Nations Human Rights System
Treaty based Human Rights Bodies
Regional Human Rights Systems
Developments and current challenges in International Human Rights Law
Textbook for reference: Moeckli, Shar, and Sivakumaran, International Human Rights Law, Third Edition, 2018, Oxford University Press
The course will be conducted through lectures, seminars and discussions. Assessment and evaluation will be based on a writing assignment (essay) a presentation in class and active participation.
This course will place Human Rights Law in the broader context of International Law, and will provide an overview of the concept and background of International Human Rights Law. It will furthermore aim to provide students with a fundamental understanding of the following topics:
The categories of Human Rights
States as the protector and enforcer of Human Rights
The United Nations Human Rights System
Treaty based Human Rights Bodies
Regional Human Rights Systems
Developments and current challenges in International Human Rights Law
Textbook for reference: Moeckli, Shar, and Sivakumaran, International Human Rights Law, Third Edition, 2018, Oxford University Press
The course will be conducted through lectures, seminars and discussions. Assessment and evaluation will be based on a writing assignment (essay) a presentation in class and active participation.
Instructor(s):
Marelie Manders
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Humanitarian Law / The law of armed conflict (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
Online, live
Registration procedure:
International Humanitarian Law (IHL) is a body of rules that seeks to limit the effects of armed conflict. IHL protects those who are not participating in hostilities, and those who are no longer participating in hostilities. This body of law imposes limits on the methods and means of warfare. IHL forms part of public international law and is largely based on treaties and rules of customary international law.
In this course the development as well as the basic concepts of IHL will be explored. Students will be introduced to the most important documents governing armed conflict, learn how to apply these and will consider the challenges posed to the application of IHL in armed conflicts. A large part of the course will focus on the new developments in IHL including the emergence of new forms of armed conflicts and the development and use of new technologies in armed conflict.
Assessment
Assessment for this course will consist of one writing assignment and one open book exam.
In this course the development as well as the basic concepts of IHL will be explored. Students will be introduced to the most important documents governing armed conflict, learn how to apply these and will consider the challenges posed to the application of IHL in armed conflicts. A large part of the course will focus on the new developments in IHL including the emergence of new forms of armed conflicts and the development and use of new technologies in armed conflict.
Assessment
Assessment for this course will consist of one writing assignment and one open book exam.
Instructor(s):
Marelie Manders
Introduction to German Constitutional Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
Online, live
Registration procedure:
The course provides a general introduction to German Constitutional Law i.e. the constitution, its background and contents and methods to work with constitutional legal texts.
The German Grundgesetz (Basic Law) which up to this day forms the formal constitutional document of the Federal Republic of Germany has its roots in the allied occupation of Western Germany after World War II. It has proven to be a reliable foundation for the development of the German democratic system and the federal state. The provision of fundamental rights (Art. 1 – 19) puts the Grundgesetz in the tradition of European and North American human rights thinking. It has had an enormous impact on all German law.
Although experiencing some changes throughout the years – especially during the process of the German reunification – the general structure and main provisions of the Grundgesetz remained unchanged.
The course will cover the structure of the German Grundgesetz and its most important provisions while putting a particular focus on the first chapter containing the fundamental rights provisions. Additionally, students will learn about constitutional law in general, the federal structure and the fundamental constitutional principles of the Federal Republic and its integration in the European Union legal system as well as understand the function of the constitutional organs and the legislative process.
Contents:
• The German legal system
• Constitutional Law
• The Grundgesetz and the European Union
• Fundamental Rights
• Fundamental Constitutional Principles
• The Federal State
• Constitutional organs
• Legislative procedure
• Public administration
• The judicial system
Learning Target:
Students will be able to understand the basic principles and most important provisions of the Grundgesetz and solve simple cases regarding fundamental rights. They will be familiar with the structure of the federal state and its function as well as its most important constitutional, administrative and judicial organs. Students can assess by way of comparison similarities and dissimilarities in other legal systems.
Literature:
No specific textbook is required. Additional reading recommendations will be given in the lecture.
Examination:
Oral Exam.
Introduction to German Private Law (Lecture)
EN
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.
An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘law book for citizens’ – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications.
However, both general private law, and commercial law are enforced by the same rules of civil procedure. The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers. Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from the European Union (EU), and the accepted methods of interpretation.
- Introduction to German Private Law
- The division between public law, general private law and commercial law
- The German Civil Code
- Influence from the EU
- Basic concepts and means of interpretation
- Function and Content of the General Part
- Law of obligations (contracts, torts, and unjust enrichment)
- Property Law
- Law of succession and company law (including partnerships and corporations)
- The system of law enforcement
Examination achievement:
Written examination
Description:
Contents:
The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.
An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘lawbook for citizens – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure.
The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers. Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from other jurisdictions, and the accepted methods of interpretation. The role of the judiciary for the further development of private law will be highlighted by analyzing leading cases of the Federal Court of Justice and the upper courts.
• Introduction to German Private Law
• The division between general private law and commercial law
• The German Civil Code
• Influence from other jurisdictions
• Basic concepts and means of interpretation
• Function and Content of the General Part
• Law of obligations (contracts, torts, and unjust enrichment)
• Property Law
• Law of succession and company law (including partnerships and corporations)
• The system of law enforcement
Learning outcomes and qualification goals:
Students will be acquainted with the overall structure of German private law and the German Civil Code as its main source. They will acquire the necessary skills to find the respective legal sources, do research on academic writing and case law and analyze whether a specific intended business action appears admissible or may imply legal risks.
Students are encouraged to make reference, by way of comparison, to the law of their own country in the class.
The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.
An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘lawbook for citizens – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure.
The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers. Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from other jurisdictions, and the accepted methods of interpretation. The role of the judiciary for the further development of private law will be highlighted by analyzing leading cases of the Federal Court of Justice and the upper courts.
• Introduction to German Private Law
• The division between general private law and commercial law
• The German Civil Code
• Influence from other jurisdictions
• Basic concepts and means of interpretation
• Function and Content of the General Part
• Law of obligations (contracts, torts, and unjust enrichment)
• Property Law
• Law of succession and company law (including partnerships and corporations)
• The system of law enforcement
Learning outcomes and qualification goals:
Students will be acquainted with the overall structure of German private law and the German Civil Code as its main source. They will acquire the necessary skills to find the respective legal sources, do research on academic writing and case law and analyze whether a specific intended business action appears admissible or may imply legal risks.
Students are encouraged to make reference, by way of comparison, to the law of their own country in the class.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Juristische Methodenlehre (Course)
DE
Course type:
Course
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Online, live
Literature:
Gast, Juristische Rhetorik, 5. Auflage (2015); Lagodny, Gesetzestexte suchen, verstehen und in der Klausur anwenden : Eine praxisorientierte Anleitung für rechtswissenschaftliches Arbeiten im Strafrecht, Öffentlichen Recht, Zivilrecht, 2. Auflage 2013; ders., Juristisches Begründen (2014); Larenz/
Description:
Wie legt man Rechtsnormen aus? Wie wendet man sie an? Welche Argumente sind bei der Auslegung und Anwendung erlaubt? Welche sind ausgeschlossen? Gibt es Unterschiede in der „Handhabung“ von Zivilrecht, Strafrecht und Öffentlichem Recht? Wie lassen sich Auslegungsregeln begründen? Sind sie selbst Bestandteil des Rechts? Wie frei ist ein Gericht bei der Interpretation von Rechtsnormen? – Die Vorlesung gibt Antworten auf diese Fragen. Diese Antworten sind hochgradig examens-, aber auch grundlegend praxisrelevant. Denn Methodenwissen ermöglicht, Lösungen auch für bislang unbekannte rechtliche Probleme zu entwickeln. Die Methode(n) der Auslegung und Anwendung des (geschriebenen) Rechts zu beherrschen kann darum nicht hoch genug eingeschätzt werden. Die Vorlesung „Juristische Methodenlehre“ will zugleich Wege zu einem strukturierenden Lernen und Verstehen des Rechts als eines Systems ebnen. Sie befasst sich mit dem „Handwerkszeug“ juristischer Arbeit, ohne das die juristische Falllösung nicht gelingen kann.
Koalitions-, Tarifvertrags- und Arbeitskampfrecht in der Vertiefung (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Dr. Sonja Schwald
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Kolloquium Rechtsphilosophie (Colloquium)
DE
Course type:
Colloquium
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Recommended requirement:
Literature:
Ergänzend: Seelmann/
Description:
Im Frühjahrssemester 2021 haben wir im Rahmen des Kolloquiums begonnen „Die Metaphysik der Sitten“ von Immanuel Kant zu lesen. Im Herbstsemester soll die gemeinsame Lektüre dieses Werks fortgesetzt werden. Dabei ist es nicht erforderlich, das Kolloquium im Frühjahr besucht zu haben.
Ziel ist es, nach einer Betrachtung von Kants Staatsrecht seine Konstruktion des Völkerrechts und schließlich auch das zu erschließen, was er Weltbürgerrecht nennt.
Besondere Aufmerksamkeit gilt also der internationalen Dimension des Rechts. Nach überkommener Sichtweise bilden Staaten die „ursprünglichen“ Rechtspersonen des Völkerrechts. Ihnen kommt Souveränität zu. Damit korrespondiert das Verbot, dass ein Staat sich in die ausschließlichen inneren oder äußeren Angelegenheiten eines anderen Staates einmischt (Interventionsverbot). Seit dem Ende des Zweiten Weltkriegs und der Gründung der Vereinten Nationen hat sich das internationale Recht aber dahin entwickelt, dass die Staaten der Welt kraft Völkerrechts zur Achtung und Wahrung von Menschenrechten verpflichtet sind – und dass diese staatliche Verpflichtung mit subjektiven Rechten des Einzelmenschen korrespondiert. Die historische Entwicklung des Völkerrechts verläuft damit „vom Staat hin zum Einzelmenschen“ (menschenrechtlich gesehen gleichsam ein „top-down approach“).
Grundlegende praktische Bemühungen um eine friedliche Weltordnung nach dem Ersten Weltkrieg lehnten sich auch an die Philosophie Immanuel Kants an, für den die Schaffung eines Völkerbundes der Schlüssel zu einer vernunftrechtlichen Ordnung darstellt.
Kant gründet sein öffentliches Recht darauf, dass allen Menschen ein (gleiches) Recht auf Freiheit angeboren sei, und konstruiert von da aus nicht nur die Gründung eines Staates, sondern letztlich auch das Völkerrecht. Im Vergleich zur historischen Entwicklung verfolgt Kant also einen „bottom-up approach“.
Das Kolloquium will Kants Rechtsphilosophie in den Blick nehmen und sein „System“ des Rechts mit dem geltenden Völkerrecht kontrastieren.
Beifachstudierende des Öffentlichen Rechts können die Prüfungsleistung für ihr Wahlfach erbringen, indem sie im Anschluss an eine Kolloquiumsstunde deren Inhalt sowie den Inhalt des besprochenen Buchausschnitts zusammenfassen und in der Folgestunde kurz präsentieren.
Ziel ist es, nach einer Betrachtung von Kants Staatsrecht seine Konstruktion des Völkerrechts und schließlich auch das zu erschließen, was er Weltbürgerrecht nennt.
Besondere Aufmerksamkeit gilt also der internationalen Dimension des Rechts. Nach überkommener Sichtweise bilden Staaten die „ursprünglichen“ Rechtspersonen des Völkerrechts. Ihnen kommt Souveränität zu. Damit korrespondiert das Verbot, dass ein Staat sich in die ausschließlichen inneren oder äußeren Angelegenheiten eines anderen Staates einmischt (Interventionsverbot). Seit dem Ende des Zweiten Weltkriegs und der Gründung der Vereinten Nationen hat sich das internationale Recht aber dahin entwickelt, dass die Staaten der Welt kraft Völkerrechts zur Achtung und Wahrung von Menschenrechten verpflichtet sind – und dass diese staatliche Verpflichtung mit subjektiven Rechten des Einzelmenschen korrespondiert. Die historische Entwicklung des Völkerrechts verläuft damit „vom Staat hin zum Einzelmenschen“ (menschenrechtlich gesehen gleichsam ein „top-down approach“).
Grundlegende praktische Bemühungen um eine friedliche Weltordnung nach dem Ersten Weltkrieg lehnten sich auch an die Philosophie Immanuel Kants an, für den die Schaffung eines Völkerbundes der Schlüssel zu einer vernunftrechtlichen Ordnung darstellt.
Kant gründet sein öffentliches Recht darauf, dass allen Menschen ein (gleiches) Recht auf Freiheit angeboren sei, und konstruiert von da aus nicht nur die Gründung eines Staates, sondern letztlich auch das Völkerrecht. Im Vergleich zur historischen Entwicklung verfolgt Kant also einen „bottom-up approach“.
Das Kolloquium will Kants Rechtsphilosophie in den Blick nehmen und sein „System“ des Rechts mit dem geltenden Völkerrecht kontrastieren.
Beifachstudierende des Öffentlichen Rechts können die Prüfungsleistung für ihr Wahlfach erbringen, indem sie im Anschluss an eine Kolloquiumsstunde deren Inhalt sowie den Inhalt des besprochenen Buchausschnitts zusammenfassen und in der Folgestunde kurz präsentieren.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Legal Tech (Lecture)
DE
Course type:
Lecture
ECTS:
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Online, live
Instructor(s):
Dr. Clemens Christoph Birkert
Quantitative Methods for Lawyers (Lecture)
EN
Course type:
Lecture
ECTS:
4.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Bernhard Ganglmair
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Sozialversicherungsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Steuerstrafrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Dr. Manfred Muhler
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Unternehmenssteuerrecht in der Vertiefung (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
Instructor(s):
Prof. Dr. Andreas Schumacher
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Wirtschaftsstrafrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.