Jura (alle)

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.

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.

• 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)

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.

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.

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.

• 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)

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.