Jura (alle)

Vorlesung

8.0

englisch

For more information on the course / course outline, please have a look at the M.C.B.L. Module Guide 2019-2020, which you can find at the M.C.B.L. website: https://www.jura.uni-mannheim.de/studium/master-of-comparative-business-law/mannheim-track/ (under relevant documents)

Vorlesung

12.0

deutsch

4

Georg Bitter , Friedemann Kainer

Vorlesung

6.0

deutsch

1

Markus Gehrlein

Vorlesung

6.0

englisch

2

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.
 

Written examination

Oliver Brand

Vorlesung

8.0

englisch

The course equips the students with fundamental knowledge about the application of competition law. European and German competition law are addressed equally as well as their relations­hip with one another. The aim is to capacitate the students to apply competition law to concrete cases and help them understand the competitive concerns that might arise from certain behavior by undertakings. The course consists of seven parts:

• Introduction (What is competition and why do we care about it? What is competition law?)
• Restrictive practices (Art. 101 TFEU/§§ 1–3 German Competition Act)
• Abuse of a dominant position (Art. 102 TFEU/§§ 18–21 German Competition Act)
• Public enforcement
• Private enforcement
• Merger control in the EU
• Merger control in Germany

 

The course focuses not only on the similarities between European and German competition law but also on the differences in the application by the European Commission and courts on the one side and the German competition authorities and courts on the other side. The course also covers distinct features particular to the German Competition Act that are missing in the European provisions, e.g. prohibited conduct of undertakings with relative or superior market power, damages and certain modifications that have been adopted with respect to digital markets.

Fabian Uebele

Vorlesung

8.0

englisch

The course addresses compliance requirements in several fields of law. Roughly the first half of the course will be dedicated to compliance programmes in general. The analysis is broken down into the upstream phase, the governance, and the downstream phase of an effective compliance programme. This includes issues, such as “culture” of compliance, codes of conduct, the “tone at the top”, training, audits, and whistleblowing. The second half will be dedicated to the specific requirements for an effective compliance programme in three important areas of law:   

• Anti-corruption compliance
• Antitrust compliance
• Data protection compliance

In this context, the course will deal with the most important legislation in the respective fields. Due to their global geographical scope in the field of anti-corruption compliance, these are first and foremost the UK Bribery Act and the US Foreign Corrupt Practices Act. Regarding antitrust law, special attention will be given to leniency programmes and the possibilities of a compliance defence in cartel fine procedures. Moreover, the course will cover the requirements imposed on businesses by the General Data Protection Regulation.

Learning outcomes and qualification goals:

Students having completed the course will understand the importance of legal compliance for businesses and know the main methods of implementing and ensuring it. They will moreover be familiar with the most important legislation and be able to identify specific requirements of a compliance programme regarding different legal provisions.

Nils Stock

Kurs

6.0

französisch

Claire Basque

Kurs

6.0

deutsch

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 2010/11.
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...

Vorlesung

8.0

deutsch

2

Jan Henrik Klement

Vorlesung

10.0

deutsch

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.

Daniel Friedrich

Vorlesung

8

englisch

2

This course will provide students with the knowledge of the technological and regulatory framework applying to energy markets. It will address the relevant issues of governance and liberalization of particular markets such as electricity and gas. Furthermore, the institutional legal framework will be explored, with the main focus on the European Union and the internal energy market it seeks to create.
After presenting the regulatory framework and energy policy developments on the international and the EU level, the course will focus on competition rules, international trade in energy and energy subsidies.
The following part of the course will examine how policy incentives for climate change mitigation affect the energy sector, with the EU often used as a case example. It will cover the current developments in Climate Change Law, legal and policy matters associated with the renewable energy sector, and the role of exemplary international organizations in the creation of more sustainable energy policies.
The course will be conducted through lectures, discussions and seminars. Next to the results of the final written exam also the seminar presentation will contribute to the overall grade for this course.

Marija Turkovic Popovski

Vorlesung

8.0

deutsch

2

Carsten Schäfer

Vorlesung

8.0

englisch

2

<p ><span >The European Union (EU) possesses strong regulatory powers that deeply affect individuals within the EU Member States. Despite this, it was not until the late 1960s that the European Court of Justice started “taking rights seriously”, by acknowledging fundamental rights as general principles of the then European Economic Community law. Since then the EU institutions’ concern for fundamental rights has grown dramatically and culminated in the entry into force of the Charter of Fundamental Rights of the EU in 2009. </span></p> <p ><span >The course aims to provide a comprehensive overview of the sources of fundamental rights and the mechanisms for their protection in the EU legal order. After a brief historical introduction, it will focus on the instruments in EU law that ensure the protection of fundamental rights and that provide redress for their violation by both European and domestic authorities. Particular attention will be devoted to the complex interplay between the three main sources of fundamental rights protection in Europe (namely, national constitutions, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU) and their respective courts.</span></p> <p ><span >Classes include both traditional lectures and the presentation and discussion of judgments and texts assigned in advance. Students will be encouraged to actively take part in the course and to contribute to a lively and thought-provoking atmosphere.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></p> <ul> <li ><span ><span lang="EN-US“ >Historical development of the protection of fundamental rights in the EU </span></span></li> <li ><span ><span lang="EN-US“ >The role of the European Court of Justice and its interaction with national courts </span></span></li> <li ><span ><span lang="EN-US“ >The Charter of Fundamental Rights of the EU</span></span></li> <li ><span ><span lang="EN-US“ >The EU and the European Convention on Human Rights </span></span></li> <li ><span ><span lang="EN-US“ >EU fundamental rights and national fundamental rights&nbsp; </span></span></li> <li ><em>Current issues in fundamental rights protection in Europe </em></li> </ul>

Written examination

Davide Paris

Vorlesung

6.0

englisch

2

Continental European law strongly relies on written legal sources such as codes. Thus, theoretically, legal scholars from European nation states have similar approaches to handling the written sources when working on a concrete legal case. Still, the respective national legal tradition a lawyer first was trained in strongly influences the way she/he will interpret and apply the law to the facts of a case. To a significant extent this phenomenon can be attributed to different schools of legal thinking, which have found their way into the national codes and academic traditions. They lie between the lines of the respective sources and are often influencing unnoticedly the reasoning adopted. In order to understand these approaches of both lawmakers and lawyers it is very helpful to acquaint oneself with the thinking of those persons, which have had long-lasting influence on the formation of national law & legal thinking.

In order to grasp the context of the works of Europe’s – and Germany’s – keenest legal thinkers we have to go back to the roots and acquaint us with the more than two thousand year old tradition of ancient Roman law. Already a glance at the titles of the main works of Carl Friedrich von Savigny (1779-1861) History of Roman law in the Middle Age (1815-31) and The System of today’s Roman Law (1840-49) displays the everlasting impact on European legal tradition. Accordingly, also the course will follow a timeline, which starts in the age of classic Roman law and antique elocution – a powerful means of rhetoric –, then covers the renaissance of jurisprudence in the High Middle Ages and Early Modern Era and finishes with the capstone of this private law tradition, namely Bernhard Windscheid’s ‘Lehr­buch des Pandektenrechts’, which heavily influenced the German Civil Code. The selection of legal thinkers is either motivated by the outstanding quality of their works (cf. Cicero, Papinian, Accursius und Savigny) or their paramount influence on our understanding of law (cf. Svarez and Rabel) or a combination of both.

• The Roman Foundations of Law: Cicero, Papinian and Tribonian
• The Renaissance of Roman Law in the Middle ages: Accursius, Baldus and Zasius
• The foundations of the common law: Edward Coke
• The labyrinth of creditors: Salgado de Somoza
• Legal concepts of the age of enlightenment: Thomasius
• Early codification: Carl Gottlieb Svarez
• The pandectist tradition: Friedrich von Savigny
• The ‘Interessensjurisprudenz’: Rudolf von Jhering
• The foundations of the German Civil Code: Bernhard Windscheid
• From comparative to a uniform sales law: Ernst Rabel
• Current private law methodology: Karl Larenz and Claus Canaris

Recommended Literature:
Peter Stein: Roman Law in European History, Cambridge University Press, UK, 1999 (translated from: Peter Stein, Römisches Recht und Europa, Fischer Verlag, Frankfurt a.M., Deutschland, 1996)
Raymond Wacks, Understanding Jurisprudence: An Introduction to Legal Theory, Oxford University Press, USA, 3rd edition 2012
Eventually, further reading will be provided via ILIAS (Mannheim Online Ressources)

Written examination

Vanessa Duss Jacobi

Vorlesung

6.0

englisch

2

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.

• 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

Written examination

Juliana Mörsdorf

Übung

6.0

deutsch

2

Ulrich Tödtmann , Achim Schunder

Vorlesung

8.0

deutsch

2

Vorlesung

8.0

englisch

2

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 including group work and student presentations. Many case studies will be examined and a lot of media (videos/podcasts) will be used.

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 incoming bachelor law students and bachelor students from any other faculty at the University of Mannheim and full time Uni Mannheim Students.

Elisa Berdica

Vorlesung

10.0

deutsch

3

Carsten Schäfer

Vorlesung

8.0

deutsch

2

Vorlesung

8.0

deutsch

Oliver Brand

Vorlesung

10.0

deutsch

3

Andreas Maurer

Seminar

6.0

englisch

With her seven books on the adventures of the orphaned wizard Harry Potter, J.K. Rowling has created a magical universe that shows a lot of parallels to our everyday life. This is also true for legal topics: the books give a lot of information about what magical law is and how it functions. Examples are the Ministry of Magic or the criminal trials play a prominent part in books 4 and 5. In this seminar, we will look at legal questions arising in the Harry Potter universe and compare them to the law as we know it in our world (muggle law). Questions that might be asked are how differences between magical law and muggle law can be explained or whether magical law complies with universally acknowledged fundamental and human rights.

The seminar is open to all students who wish to participate. This includes foreign exchange students, Bachelor students, students who plan on taking the First State Exam and (future) PhD students who need extra credit. Please note that the overall number of places is limited. Students who wish to participate should be prepared to write an essay in English or German during term time and hold an oral presentation in English.

The seminar will take place as a bloc seminar at the end of November. Further information about the seminar and the application process will be given at a preliminary meeting in the first week of term (beginning of September). Please check  the website of Prof. Schneider in August for the exact date and any further information (https://www.jura.uni-mannheim.de/schneider/).

Anne Schneider

Vorlesung mit Übung

8

englisch

2

Required reading materials will be provided electronically.

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)

You don’t need to buy one of these textbooks since they are only intended to provide you with a first insight into the subject matter. Besides, all are available at Mannheim University Library.

Raphael Oidtmann

Seminar

10

englisch

2

Martin Jarrett

Vorlesung mit Übung

8

englisch

2

Learning outcomes and qualification goals:
Students shall acquire necessary knowledge on the legal foundations of the EU’s foreign policy and its practical implications, on conferred competences on the EU to act in an international domain and on its role in creation of international legal order.
The course will be conducted through lectures, discussions, and seminars which will allow students to work in small groups on legal cases from practice. Next to the results of the final written exam, active participation during the lectures and seminars will also contribute to the overall grade for this course.   

Required reading materials as well as additional sources will be provided electronically or during the lectures.

Marija Turkovic Popovski

Vorlesung

8.0

deutsch

2

Moritz Renner

Vorlesung

8.0

englisch

Course Description:

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 as well as understand the function of the constitutional organs and the legislative process.

Contents:

• The German legal system
• Constitutional Law
• Fundamental Rights
• Fundamental Constitutional Rights
• 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 non-mandatory literature recommendations will be given in the first lecture.

Examination:

Written Examination

Emanuel Kollmann

Vorlesung

10.0

englisch

2

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

Written examination

Stefan Zeyher

Vorlesung

8.0

englisch

2

Raphael Oidtmann

Kurs

8.0

deutsch

Hans-Joachim Cremer

Vorlesung

8.0

deutsch

2

Moritz Renner

Vorlesung

8.0

deutsch

2

Jens-Uwe Franck

Vorlesung

12.0

deutsch

4

Philipp Fischinger

Kolloquium

8.0

deutsch

2

Hans-Joachim Cremer

Vorlesung mit Übung

10.0

deutsch

3

Ulrich Falk

Vorlesung

8.0

deutsch

2

Alexander Morell

Vorlesung

8.0

deutsch

2

Vorlesung

8.0

deutsch

2

Oliver Brand , Mark Alexander Makowsky

Vorlesung

10.0

deutsch

3

Mark Alexander Makowsky

Vorlesung

8.0

deutsch

2

Holger Jenzen

Vorlesung

8.0

deutsch

2

Manfred Muhler

Vorlesung

6.0

deutsch

2

Nadine Klass

Vorlesung

8.0

deutsch

2

Mark Alexander Makowsky

Vorlesung

10.0

deutsch

3

Nadine Klass

Vorlesung

10.0

deutsch

3

Vorlesung

8.0

englisch

For more information on the course / course outline, please have a look at the M.C.B.L. Module Guide 2019-2020, which you can find at the M.C.B.L. website: https://www.jura.uni-mannheim.de/studium/master-of-comparative-business-law/mannheim-track/ (under relevant documents)

Vorlesung

6.0

deutsch

1

Christine Monsch

Vorlesung

8.0

deutsch

2

Philipp Fischinger

Vorlesung

6.0

englisch

2

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.
 

Written examination

Oliver Brand

Vorlesung

8.0

englisch

The course equips the students with fundamental knowledge about the application of competition law. European and German competition law are addressed equally as well as their relations­hip with one another. The aim is to capacitate the students to apply competition law to concrete cases and help them understand the competitive concerns that might arise from certain behavior by undertakings. The course consists of seven parts:

• Introduction (What is competition and why do we care about it? What is competition law?)
• Restrictive practices (Art. 101 TFEU/§§ 1–3 German Competition Act)
• Abuse of a dominant position (Art. 102 TFEU/§§ 18–21 German Competition Act)
• Public enforcement
• Private enforcement
• Merger control in the EU
• Merger control in Germany

 

The course focuses not only on the similarities between European and German competition law but also on the differences in the application by the European Commission and courts on the one side and the German competition authorities and courts on the other side. The course also covers distinct features particular to the German Competition Act that are missing in the European provisions, e.g. prohibited conduct of undertakings with relative or superior market power, damages and certain modifications that have been adopted with respect to digital markets.

Fabian Uebele

Vorlesung

8.0

englisch

The course addresses compliance requirements in several fields of law. Roughly the first half of the course will be dedicated to compliance programmes in general. The analysis is broken down into the upstream phase, the governance, and the downstream phase of an effective compliance programme. This includes issues, such as “culture” of compliance, codes of conduct, the “tone at the top”, training, audits, and whistleblowing. The second half will be dedicated to the specific requirements for an effective compliance programme in three important areas of law:   

• Anti-corruption compliance
• Antitrust compliance
• Data protection compliance

In this context, the course will deal with the most important legislation in the respective fields. Due to their global geographical scope in the field of anti-corruption compliance, these are first and foremost the UK Bribery Act and the US Foreign Corrupt Practices Act. Regarding antitrust law, special attention will be given to leniency programmes and the possibilities of a compliance defence in cartel fine procedures. Moreover, the course will cover the requirements imposed on businesses by the General Data Protection Regulation.

Learning outcomes and qualification goals:

Students having completed the course will understand the importance of legal compliance for businesses and know the main methods of implementing and ensuring it. They will moreover be familiar with the most important legislation and be able to identify specific requirements of a compliance programme regarding different legal provisions.

Nils Stock

Vorlesung

6.0

deutsch

2

Christian Arnold

Vorlesung

6.0

englisch

2

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

Written examination

Lea Tochtermann

Kurs

6.0

französisch

Claire Basque

Kurs

6.0

deutsch

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 2010/11.
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...

Vorlesung

8.0

englisch

2

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.

Written examination

Seminar

5.0

englisch

2

Volker Nocke , Miriam Buiten

Vorlesung

10.0

deutsch

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.

Daniel Friedrich

Vorlesung

8

englisch

2

This course will provide students with the knowledge of the technological and regulatory framework applying to energy markets. It will address the relevant issues of governance and liberalization of particular markets such as electricity and gas. Furthermore, the institutional legal framework will be explored, with the main focus on the European Union and the internal energy market it seeks to create.
After presenting the regulatory framework and energy policy developments on the international and the EU level, the course will focus on competition rules, international trade in energy and energy subsidies.
The following part of the course will examine how policy incentives for climate change mitigation affect the energy sector, with the EU often used as a case example. It will cover the current developments in Climate Change Law, legal and policy matters associated with the renewable energy sector, and the role of exemplary international organizations in the creation of more sustainable energy policies.
The course will be conducted through lectures, discussions and seminars. Next to the results of the final written exam also the seminar presentation will contribute to the overall grade for this course.

Marija Turkovic Popovski

Vorlesung

8.0

englisch

2

<p ><span >The European Union (EU) possesses strong regulatory powers that deeply affect individuals within the EU Member States. Despite this, it was not until the late 1960s that the European Court of Justice started “taking rights seriously”, by acknowledging fundamental rights as general principles of the then European Economic Community law. Since then the EU institutions’ concern for fundamental rights has grown dramatically and culminated in the entry into force of the Charter of Fundamental Rights of the EU in 2009. </span></p> <p ><span >The course aims to provide a comprehensive overview of the sources of fundamental rights and the mechanisms for their protection in the EU legal order. After a brief historical introduction, it will focus on the instruments in EU law that ensure the protection of fundamental rights and that provide redress for their violation by both European and domestic authorities. Particular attention will be devoted to the complex interplay between the three main sources of fundamental rights protection in Europe (namely, national constitutions, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU) and their respective courts.</span></p> <p ><span >Classes include both traditional lectures and the presentation and discussion of judgments and texts assigned in advance. Students will be encouraged to actively take part in the course and to contribute to a lively and thought-provoking atmosphere.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></p> <ul> <li ><span ><span lang="EN-US“ >Historical development of the protection of fundamental rights in the EU </span></span></li> <li ><span ><span lang="EN-US“ >The role of the European Court of Justice and its interaction with national courts </span></span></li> <li ><span ><span lang="EN-US“ >The Charter of Fundamental Rights of the EU</span></span></li> <li ><span ><span lang="EN-US“ >The EU and the European Convention on Human Rights </span></span></li> <li ><span ><span lang="EN-US“ >EU fundamental rights and national fundamental rights&nbsp; </span></span></li> <li ><em>Current issues in fundamental rights protection in Europe </em></li> </ul>

Written examination

Davide Paris

Vorlesung

6.0

englisch

2

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.

Written examination

Albrecht Bach

Vorlesung

3.0

englisch

The objective of the course is to impart a basic understanding of infrastructure regulation under European Law as well as to provide a deeper insight into the characteristics of the sectors energy, telecommunications and media. In this context, the course aims to create awareness for the relevant issues that imply the need for regulation.

Ralf Müller-Terpitz

Vorlesung

6.0

englisch

2

Continental European law strongly relies on written legal sources such as codes. Thus, theoretically, legal scholars from European nation states have similar approaches to handling the written sources when working on a concrete legal case. Still, the respective national legal tradition a lawyer first was trained in strongly influences the way she/he will interpret and apply the law to the facts of a case. To a significant extent this phenomenon can be attributed to different schools of legal thinking, which have found their way into the national codes and academic traditions. They lie between the lines of the respective sources and are often influencing unnoticedly the reasoning adopted. In order to understand these approaches of both lawmakers and lawyers it is very helpful to acquaint oneself with the thinking of those persons, which have had long-lasting influence on the formation of national law & legal thinking.

In order to grasp the context of the works of Europe’s – and Germany’s – keenest legal thinkers we have to go back to the roots and acquaint us with the more than two thousand year old tradition of ancient Roman law. Already a glance at the titles of the main works of Carl Friedrich von Savigny (1779-1861) History of Roman law in the Middle Age (1815-31) and The System of today’s Roman Law (1840-49) displays the everlasting impact on European legal tradition. Accordingly, also the course will follow a timeline, which starts in the age of classic Roman law and antique elocution – a powerful means of rhetoric –, then covers the renaissance of jurisprudence in the High Middle Ages and Early Modern Era and finishes with the capstone of this private law tradition, namely Bernhard Windscheid’s ‘Lehr­buch des Pandektenrechts’, which heavily influenced the German Civil Code. The selection of legal thinkers is either motivated by the outstanding quality of their works (cf. Cicero, Papinian, Accursius und Savigny) or their paramount influence on our understanding of law (cf. Svarez and Rabel) or a combination of both.

• The Roman Foundations of Law: Cicero, Papinian and Tribonian
• The Renaissance of Roman Law in the Middle ages: Accursius, Baldus and Zasius
• The foundations of the common law: Edward Coke
• The labyrinth of creditors: Salgado de Somoza
• Legal concepts of the age of enlightenment: Thomasius
• Early codification: Carl Gottlieb Svarez
• The pandectist tradition: Friedrich von Savigny
• The ‘Interessensjurisprudenz’: Rudolf von Jhering
• The foundations of the German Civil Code: Bernhard Windscheid
• From comparative to a uniform sales law: Ernst Rabel
• Current private law methodology: Karl Larenz and Claus Canaris

Recommended Literature:
Peter Stein: Roman Law in European History, Cambridge University Press, UK, 1999 (translated from: Peter Stein, Römisches Recht und Europa, Fischer Verlag, Frankfurt a.M., Deutschland, 1996)
Raymond Wacks, Understanding Jurisprudence: An Introduction to Legal Theory, Oxford University Press, USA, 3rd edition 2012
Eventually, further reading will be provided via ILIAS (Mannheim Online Ressources)

Written examination

Vanessa Duss Jacobi

Vorlesung

6.0

englisch

2

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)

Written examination

Jens-Uwe Franck

Vorlesung

6.0

englisch

2

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.

• 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

Written examination

Juliana Mörsdorf

Vorlesung

8.0

englisch

2

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

Thomas Fetzer

Vorlesung

2

englisch

2

<p style="margin-right: 24.65pt; text-align: justify;"><span style="">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. </span></p> <p style="margin-right: 24.65pt; text-align: justify;"><span style="">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 for the EU’s “primary law”, i.e. provisions of the treaties, protocols and annexes, and for 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. </span></p> <p style="margin-right: 24.65pt; text-align: justify;"><span style="">The course will introduce the main sources of primary law (the Treaties, i.e. EU, TFEU), the institutions (esp. European Parliament, European Council, Council, Commission, 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 and 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, analysing, 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.</span></p> <ul> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Foundation of the European Union: nature, structure and development </span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Sources of European Union Law </span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">The organizational structure: EU institutions (e.g. European Parliament, European Council, Council, Commission, Court of Justice) their creation and functioning</span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Court of Justice of the European Union: Means of judicial protection; uniform interpretation of EU Law; the interpretative guideline of effet utile </span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Types of legislation and other means of action </span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Implementation of EU Law in the Member States’ domestic legal orders</span></li> <li style="margin-right: 24.65pt; text-align: justify;">Effects of EU Law on rights and obligations of individuals</li> </ul>

Written examination

Hans-Joachim Cremer

Seminar

6.0

englisch

With her seven books on the adventures of the orphaned wizard Harry Potter, J.K. Rowling has created a magical universe that shows a lot of parallels to our everyday life. This is also true for legal topics: the books give a lot of information about what magical law is and how it functions. Examples are the Ministry of Magic or the criminal trials play a prominent part in books 4 and 5. In this seminar, we will look at legal questions arising in the Harry Potter universe and compare them to the law as we know it in our world (muggle law). Questions that might be asked are how differences between magical law and muggle law can be explained or whether magical law complies with universally acknowledged fundamental and human rights.

The seminar is open to all students who wish to participate. This includes foreign exchange students, Bachelor students, students who plan on taking the First State Exam and (future) PhD students who need extra credit. Please note that the overall number of places is limited. Students who wish to participate should be prepared to write an essay in English or German during term time and hold an oral presentation in English.

The seminar will take place as a bloc seminar at the end of November. Further information about the seminar and the application process will be given at a preliminary meeting in the first week of term (beginning of September). Please check  the website of Prof. Schneider in August for the exact date and any further information (https://www.jura.uni-mannheim.de/schneider/).

Anne Schneider

Vorlesung mit Übung

8

englisch

2

Required reading materials will be provided electronically.

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)

You don’t need to buy one of these textbooks since they are only intended to provide you with a first insight into the subject matter. Besides, all are available at Mannheim University Library.

Raphael Oidtmann

Seminar

10

englisch

2

Martin Jarrett

Vorlesung mit Übung

8

englisch

2

Learning outcomes and qualification goals:
Students shall acquire necessary knowledge on the legal foundations of the EU’s foreign policy and its practical implications, on conferred competences on the EU to act in an international domain and on its role in creation of international legal order.
The course will be conducted through lectures, discussions, and seminars which will allow students to work in small groups on legal cases from practice. Next to the results of the final written exam, active participation during the lectures and seminars will also contribute to the overall grade for this course.   

Required reading materials as well as additional sources will be provided electronically or during the lectures.

Marija Turkovic Popovski

Vorlesung

8.0

englisch

Course Description:

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 as well as understand the function of the constitutional organs and the legislative process.

Contents:

• The German legal system
• Constitutional Law
• Fundamental Rights
• Fundamental Constitutional Rights
• 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 non-mandatory literature recommendations will be given in the first lecture.

Examination:

Written Examination

Emanuel Kollmann

Vorlesung

10.0

englisch

2

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

Written examination

Stefan Zeyher

Vorlesung

8.0

englisch

2

Raphael Oidtmann

Kurs

8.0

deutsch

Hans-Joachim Cremer

Vorlesung

8.0

deutsch

2

Sonja Schwald

Kolloquium

8.0

deutsch

2

Hans-Joachim Cremer

Vorlesung

4.0

englisch

2

Miriam Buiten

Vorlesung

8.0

deutsch

2

Manfred Muhler

Vorlesung

8.0

deutsch

2

Andreas Schumacher

Vorlesung

8.0

deutsch

2

Suzan Denise Hüttemann