Academic literature on the topic 'Provisional remedies – Germany'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Provisional remedies – Germany.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Provisional remedies – Germany"
1
Braun, Susanne. "German Insolvency Act: Special Provisions of Consumer Insolvency Proceedings and the Discharge of Residual Debts." German Law Journal 7, no. 1 (January 1, 2006): 59–70. http://dx.doi.org/10.1017/s2071832200004405.
Full textAbstract:
Information about the insolvency of big enterprises such as Enron and Worldcom in the United States; Bremer Vulkan, Philip Holzmann, Babcock Borsig, CargoLifter, Walter Bau and “Ihr Platz GmbH & Co KG” in Germany; and discussion about the insolvency of States (e.g. Argentina) has awakened public interest in insolvency law and proceedings. Both the high number of insolvent enterprises and the increasing rate of consumer insolvency are shocking.The German Insolvency Act of 1999 created a uniform insolvency statute for all of Germany. In most cases, upon the instituting of insolvency proceedings, only small or no-insolvency estates were available. As a result, creditors only received average distributions of between three and five percent. Approximately three quarters of all insolvency procedures could not be instituted because of an insufficient insolvency estate. A large number of the insolvency proceedings carried out by the courts had to be terminated prematurely due to lack of assets. This deficiency in the law, referred to as the “bankruptcy of bankruptcy,” is to be remedied by the new Insolvency Act, as a failure in instituting insolvency proceedings is damaging confidence in the German economy.
2
Wiemann, Joachim. "Obligation to Contract and the German General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz)." German Law Journal 11, no. 10 (October 2010): 1131–46. http://dx.doi.org/10.1017/s2071832200020149.
Full textAbstract:
The German General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz, AGG) has been in force for four years now. Academic discussion has so far mainly focused on the scope of anti-discrimination provisions for non-state actors, i.e. on whether there should be private anti-discrimination legislation, what conduct the statute should prohibit, and what exceptions it should allow. In order to fully understand the effects and relevance of anti-discrimination provisions in a legal system, their remedies and sanctions have to be taken into account as well. This article focuses on the remedies provided for in the AGG and, more specifically, on obligations to contract. The issue of whether there is and whether there should be an obligation to contract has – as regards remedies – been the most controversial issue in the academic discussion so far.
3
Stork, Florian. "Comments on the Draft of the New German Private Law Anti-Discrimination Act: Implementing Directives 2000/43/EC and 2004/113/EC in German Private Law." German Law Journal 6, no. 2 (February 1, 2005): 533–48. http://dx.doi.org/10.1017/s207183220001378x.
Full textAbstract:
European Directives impose upon Germany the obligation to incorporate antidiscrimination provisions in its civil law. The anti-discrimination legislation is intended to provide effective civil law remedies against discrimination in everyday life by private persons, e.g. access to housing, restaurants and education. For the purposes of this article, discrimination may generally be defined as any treatment – including a refusal to deal with – by a private party that is less favorable than to another person and is conditioned upon a characteristic such as racial or ethnic origin, sex, etc.
4
Drobyazko, Volodymyr. "Protection of information on right management." Theory and Practice of Intellectual Property, no. 3 (June 19, 2023): 61–67. http://dx.doi.org/10.33731/32023.282182.
Full textAbstract:
The article examines copyright management information (CMI) at the international, regional and national levels.At the international level, the protection of CMI against its removal or modification is provided by Articles 12 of the WIPO Copyright Treaty and 19 of the WIPO Performances and Phonograms Treaty. Such information identifies the work, the author of the work, the assignee of any right in the work, the performer, the performer's performance, the producer of the phonogram, phonogram, the holder of any right in the work, performance or phonogram, or information about the terms of use of the work, performance or phonogram and any -what numbers or codes, in which such information is presented, when any ofthese elements is added to a copy of the work, recorded performance or phonogram or appears in connection with the notification or proof of the work, recorded performance or phonogram for public information.In the European Union, the protection of CMI is provided by the provisions of Article 7 Directive 2001/29/EU at the European Parliament at the Council at 22 May 2001 on the harmonization at certain aspects at copyright and related rights in the information society, which recommends that member states implement the national legislation of CMI protection standards.At the national level, a comprehensive approach to CMI protection has been applied in the USA and Germany.Chapter 12 was added to the US copyright law. Section 1202 contains the CMI provision, the first clause of which deals with false information, the second clause with the removal or distortion of said information. Section 1203 gives the court authority to award a range of equitable and monetary remedies similar to those provided under the Copyright Act. Paragraph 1204 determines the punishment in the form of a fine of up to 500 thousand US dollars and imprisonment for up to 5 years.Provisions regarding CMI protection (§95c) and remedies for infringed rights (§§108b, IIIa) have been added to the German Copyright and Related Rights Act.In Ukraine, CMI protection is possible in accordance with Article 52(4) of the Law on Copyright and Related Rights. Separate clarifications to the provisions of this Law regarding the protection of CMI are proposed.
5
Shin, Sang-Hyun. "A Study on the Reform of the Notice and Objection Procedures Related to Secret Investigations under Current Law from the perspective of the Constitutional Right to Judicial Process." Institute for Legal Studies Chonnam National University 43, no. 3 (August 31, 2023): 57–91. http://dx.doi.org/10.38133/cnulawreview.2023.43.3.57.
Full textAbstract:
Considering the purpose of the Constitutional Court's decisions 2012Hun-ma191 (June 28, 2018) and 2016Hun-ma388 (July 21, 2022), which emphasized the importance of post-notification in the case of a secret investigation, and decision 2016Hun-ma344 (August 30, 2018), which saw the defective remedial procedure as an infringement of the right to judicial process, the subject of investigation should be able to request effective remedial procedures to be examined by the court for the illegality of investigative acts during the investigation process, and on the premise of that, the investigative authority should notify that fact. This is a constitutional right derived from the right to judicial process under Article 27 (1) of the Korean Constitution. Therefore, not only the legislative form that has not prepared all notice and objection procedures, but also the legislative form that only has notice procedures but does not has objection procedures violates the right to judicial process of the subject of investigation.
Accordingly, the notice and objection procedures under current law on secret investigations should be revised. It would be most desirable to stipulate all statutory provisions on secret investigations and the notice and objection procedures in the Criminal Procedure Act, as in Germany. However, considering the reality in Korea, where special laws have already been mass-produced, the notice procedures should be reorganized in individual special acts as they are now, but at least with regard to the objection procedure, as in Austria and Switzerland, a single provision should be placed in the Criminal Procedure Act to pursue the unity of the legal system.
6
Drobiazko, Volodymyr. "Protection of technical means of protection and information on rights management in the European Union." Theory and Practice of Intellectual Property, no. 3 (August 9, 2022): 46–53. http://dx.doi.org/10.33731/32022.262621.
Full textAbstract:
Keywords: copyright, work, performance, phonogram, technical means of protection,information on rights management, digital networks
The article is devoted to the studyof such aspects as protection of technical means of protection and information on themanagement of rights in the European Union. These protections are provided for thefirst time in Articles 11 and 12 of the WIPO Copyright Treaty (WCT) and Articles 18 and19 of the WIPO Performance and Phonograms Treaty (WPPT). Each of the WIPOtreaties contains almost identical provisions obliging Member States to prevent circumventionof technical measures used to protect works, performances, and phonograms andinformation on rights management.The implementation of the above provisions of the WCT and the WPPT is devoted toChapter III «Protection of technological measures and information on rights management» (Articles 6, 7) of Directive 2001/29/EC of 22 May 2001 on the harmonization of certainaspects of copyright and related rights in the information society. Article 6 of the Directiveobliges EU Member States to provide adequate legal protection against the circumventionof any effective technical measure by a person who knows or should be aware for obvious reasons that he is pursuing such a goal. According to Article 7 of theDirective, the EU Member States are obliged to provide adequate legal protectionagainst all persons who knowingly commit unlawful acts regarding rights managementinformation.The provisions of Articles 7 and 8 of the Directive are incorporated into the domesticlaw of the EU Member States. The article analyses the relevant legal provisions of Germany,Austria, Greece, and Denmark. Thus, the German Law of September 10, 2003 onthe Regulation of Copyright and Related Rights in the Information Society introducedinto the Law on Copyright and Related Rights the regime of legal protection of technicalmeans of protection and information on rights management (paragraphs 95a–95d) andremedies rights (p.108b–111a), which prohibits the circumvention of mechanisms designedto protect works and other protected objects from unauthorized control.In Ukraine, the protection of technical means of protection and information on rightsmanagement is provided by the Law on Copyright and Related Rights, Article 1 of whichdefines the terms «information on rights management» and «technical means of protection», and Article 50 lists illegal acts protection and information on rights managementare classified as infringements of copyright and related rights. The subject of copyright orrelated rights may sue the person who infringes the right to technical remedies and informationon rights management.
7
Oxman, Bernard H. "Observations on Vessel Release under the United Nations Convention on the Law of the Sea." International Journal of Marine and Coastal Law 11, no. 2 (1996): 201–15. http://dx.doi.org/10.1163/157180896x00078.
Full textAbstract:
AbstractIf a foreign ship is detained by a coastal or port state, the flag state may contest the legality of the detention and submit the case to a court or tribunal having jurisdiction under the general dispute settlement provisions of the Convention. Article 292 sets up a more circumscribed, additional procedure for vessel release. It does not entail the submission of a dispute on the merits to a court or tribunal for judgment. The matter must be dealt with "without delay". Articles 294 and 295 are arguably not relevant. Local proceedings are unaffected and local remedies need not be exhausted. Application can be made "by or on behalf" of the flag state. The text provides an alternative. The words "on behalf of" present an option that is not already provided by the word "by". Therefore, these words should be understood to permit the flag state to dispense with the need for official communication from its government in connection with each application for release, such as is necessary for an application "by" the flag state. Instead, the state may designate in advance natural or judicial persons (e.g. owners or operators), who are authorized to bring applications for release on its behalf. Since no application for release "on behalf of the flag State" may be made against its will, the flag state may change, qualify or withdraw its designations at any time. While there is no doubt that the German Government will permit parties before the Tribunal to be represented by counsel of their choice, without regard to the country in which counsel is licensed to practise law, the question remains whether foreign counsel will be permitted to maintain an office in Hamburg even when they are not working on a case before the International Tribunal for the Law of the Sea. This is, however, less a question of Germany's international obligations, than a question of whether Germany wishes to promote the idea that Hamburg is a global centre for legal activity related to the Law of the Sea.
8
Luzak, Joasia. "A Storm in a Teacup? On Consumers Remedies for Nonconforming Goods after Weber and Putz." European Review of Private Law 23, Issue 4 (August 1, 2015): 689–704. http://dx.doi.org/10.54648/erpl2015042.
Full textAbstract:
Abstract: The Court of Justice of the European Union’s (CJEU) role is to interpret provisions of European law in a way that promotes the European legislator’s intentions. The clarity introduced by the CJEU is supposed to contribute to further harmonization of the Member States’ legal systems. When the Court’s judgment raises, however, as many questions as it answers, like in the Weber and Putz case regarding the assignment of liability for the costs that need to be made when a non-conforming good is replaced, the duty of consistent interpretation resting on national courts may be hard to fulfil. This article examines the implementation of the Weber and Putz judgment by German and Dutch courts, showing us differences in the national approaches to the test provided by the CJEU, pursuant to which the national judge can decide how to divide among consumers and sellers the costs for the removal of the already installed, non-conforming goods and for the installation of the new, conforming goods. Moreover, the conducted analysis presents potential unexpected effects of the Court’s ruling. Due to a lack of full harmonization of European consumer sales law, as well as damages having been left to national laws to regulate, in some Member States, for example in the Netherlands, consumers may be significantly better off if they choose the option-out created in the Weber and Putz case: to terminate the contract and claim damages instead of trying to give sellers another chance to perform.
9
Amayreh, Osama Ismail Mohammad, Izura Masdina Mohamad Zakr, Pardis Moslemzadeh Tehrani, and Yousef Mohammad Shandi. "THE PRE-CONTRACTUAL OBLIGATION TO CONFIDENTIALITY OF INFORMATION IN THE PALESTINIAN CIVIL CODE DRAFT AND ITS ROLE IN MAINTAINING ECONOMIC CONTRACTUAL EQUILIBRIUM." UUM Journal of Legal Studies 10 (December 24, 2019): 121–56. http://dx.doi.org/10.32890/uumjls.10.2.2019.6561.
Full textAbstract:
It is inconceivable that a person can be legally obliged to provide influential information to another party in order to contract freely and in an enlightened manner without requiring the latter to maintain the confidentiality of the exchanged information between the parties. In this context, Article 2.1.16 of the UNIDROIT principles of International Commercial Contracts and Article 1112-2 of the French Decree N 131-2016, etc. tend to apply the obligation to confidentiality of information at the pre-contracting phase as one of the most substantial principles governing this phase. However, the Palestinian legislature, having ignored enacting legal provisions obliging the parties to maintain the confidentiality of information in the pre-contracting phase, caused legislative deficiencies in the legislative remedies of the subject of confidentiality of information in the pre-contracting phase. A such, as a prime objective, this paper seeks to suggest orientations for the formulation of provisions for the obligation to maintain confidentiality of information in the Palestinian Civil Code Draft. Thus, an analytical comparative approach -with the French civil code- is used, while alluding briefly to German and English law, as to illustrate the Palestinian legislative deficiencies and the urgent need to legislate a legal article obligating the negotiating parties to maintain confidentiality of information, in order to contribute to the stability of civil and commercial transactions. In this regard, contractual equilibrium entails that the obligation to maintain confidentiality of information has its own independent essence from all the theories that the jurisprudence adopted as a legal basis for this obligation.
10
Koll, Kristiina. "Qualification of Consumer Contracts for the Supply of Digital Services under Estonian Law." Juridica International 30 (October 13, 2021): 40–48. http://dx.doi.org/10.12697/ji.2021.30.06.
Full textAbstract:
The EU Digital Content Directive provides for overarching regulation of the supply of digital content and services. In this light, the article presents analysis of how contracts for the supply of digital content or digital services can be qualified under Estonian law. More specific focus is placed on contracts for digital services such as storage in a cloud service or use of Web based software, because it is not entirely clear whether the underlying contracts should be considered some type of contract for use or, rather, some kind of contract for provision of services. The article examines the distinctive characteristics of particular types of contracts for use and for services, such as the possible object of the specific type of contract at issue and the main obligations of the parties, for purposes of determining whether they are suitable for the supply of digital content or digital services. This distinction is important for understanding of the directive’s relationship with national law and how existing rules function in conjunction with the rules of the directive. Also, it regulates only certain aspects of contract law, while the remainder of the contractual relationship is determined by national law – such as that pertaining to obligations of consumers and legal remedies available to traders. These rules may differ between contract types. The article’s analysis is based on comparison of Estonian and German law.
Dissertations / Theses on the topic "Provisional remedies – Germany"
1
Jhang, Siou-Cheng, and 張修誠. "A Study on Provisional Remedies Proceeding of Administrative Litigation and Civil Procedure----Also on Provisional Command of Administrative Litigation in German Law." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/rh66zt.
Full textAbstract:
碩士國立臺北大學
法律學系一般生組
104
The purpose of this study is to compare the similarities and differences of provisional remedies proceeding in the administrative litigation and civil procedure, also on the provisional command of administrative litigation in german law. In order to research the issues above, the writer have studied and abstracted the textbook of administrative litigation and civil procedure in Taiwan, and build the basic concept of provisional remedies proceeding. About the provisional command of administrative litigation in german law, the writer have read the commentbook wrote by Ferdinand O. Kopp/Wolf–Rüdiger Schenke and Erich Eyermann/Ludwig Fröhler mainly. The writer generalizes the concept of provisional remedies proceeding with the articles of law and textbook, then serch the related judgement in Taiwan. With the analysis of the scholarship and the practice, we can discover the contents of provisional remedies proceeding further. In addition, because the civil procedure of Taiwan developed earlier, it is necessary to deconstruct the elements and consequent of provisional remedies proceeding in civil procedure first, and contruct the the elements and consequent of provisional remedies proceeding in administrative litigation afterwards.(Chapter 1) In the writing, the writer have to clarify the relationship of the provisional remedies proceeding and suspention of enforcement. And we can come to a conclusion that the provisional remedies proceeding is very important in constructing seamless judicial remedies(Chapter 2). In the following, the writer introduces the provisional command of administrative litigation in german law, and digs out that the provisional command in german law is simpler in the concept and the law-system(Chapter 3). After the introducing of provisional command of administrative litigation in german law, the discussion of provional attachment, provisional injunction and injunction maintaining a temporary status quo in Taiwan come up in the thesis (Chapter 4, 5, 6). After the discussion above, the writer finds out that: (1)There is no suspension of enforcement in civil procedure in Taiwan, (2) the conservation command of the provisional command in german law is similar to provisional injunction procedure in Taiwan, (3) the regulation command of the provisional command in german law is similar to injunction maintaining a temporary status quo in Taiwan (Chapter 7). Additionally, the writer makes some charts to show the comparisons of provisional remedies proceeding of administrative litigation and civil procedure and provisional command of administrative litigation in german law as a brief conclusion of this study.
Books on the topic "Provisional remedies – Germany"
1
Dimitropoulou, Eleni. Vorläufiger Verwaltungsrechtsschutz in Griechenland. Berlin: Duncker & Humblot, 2006.
Find full text
2
Goeppentin, Siegfried. Die vorläufige Anordnung in der freiwilligen Gerichtsbarkeit. [Münster?: s.n.], 1989.
Find full text
3
Burkholz, Bernhard. Der Untersuchungsgrundsatz im verwaltungsgerichtlichen Eilverfahren: Eine Untersuchung über die Bedeutung des [Paragraphen] 920 ZPO im Verwaltungsprozess. Berlin: Duncker & Humblot, 1988.
Find full text
4
Schmitt, Thomas. Richtervorlagen in Eilverfahren?: Ein Beitrag zum Verhältnis verfassungsgerichtlicher konkreter Normenkontrollverfahren und "Vorabentscheidungsverfahren" nacht Art. 177 EG-Vertrag zu Verfahren des vorläufigen verwaltungsgerichtlichen Rechtsschutzes nach der VwGO. Berlin: Duncker & Humblot, 1997.
Find full text
5
Die Erzwingung von Willenserklärungen im einstweiligen Rechtsschutz. Frankfurt am Main: P. Lang, 1995.
Find full text
6
Vollstreckung und Vorläufiger Rechtsschutz. Heymanns Verlag Gmbh, 2015.
Find full text
7
Vorläufiger Rechtsschutz im Kommunalverfassungsstreit. Frankfurt am Main: P. Lang, 2001.
Find full text
8
Missbrauch von Bankgarantien und einstweiliger Rechtsschutz: Die dogmatischen Grundlagen der Bankgarantie "auf erstes Anfordern" und ihre Behandlung im Verfahren des einstweiligen Rechtsschutzes. Tübingen: Mohr, 1985.
Find full textBook chapters on the topic "Provisional remedies – Germany"
1
Paulus, Andreas L. "Between a Rock and a Hard Place: Italian Concerns Between Constitutional Rights and International Law." In Remedies against Immunity?, 337–42. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_18.
Full textAbstract:
AbstractSentenza 238/2014 has led to a sharp dissonance between the international law of state immunity as interpreted by the International Court of Justice (ICJ) and Italian constitutional law as understood and applied by the Corte Costituzionale. While the interpretation and application by the Italian Constitutional Court (ItCC) of the access-to-courts provision in the Italian Constitution may not have been inevitable, this does not remove the need for finding a solution to the stalemate between international and domestic law. On the one hand, the easy solution, namely that the rejection of German state immunity from jurisdiction does not necessarily remove immunity from execution into German property, appears unlikely to be accepted by the ItCC because it would give stones rather than bread to the complainants and render court access a futile exercise. On the other hand, bringing Sentenza to its logical conclusion would result in Italy having to return to Germany what Italian courts took from her by requiring compensation—either by way of the general international law of restitutio in integrum, which the Corte Costituzionale has neither contemplated nor contradicted, or by way of the 1961 Treaty between Germany and Italy in which Italy promises to indemnify Germany against any further claims. Thus, a compromise would have to distinguish between full access to the Italian courts notwithstanding international immunity—as required by the ItCC—and substantive law, which could accept a more symbolical recognition of the suffering of the victims. That recognition could stem from a direct source other than the two states involved, such as a common fund, and address only the small group of immediate victims who were unjustly, if arguably legally, excluded from the previous compensation scheme of the 1960s. It is by no means certain, however, whether such an outcome would be acceptable to all sides—including the Corte itself. Thus, legal certainty would have to be established as quickly as possible so that the victims can still receive at least symbolic compensation.
2
Christian, Bumke, and Voßkuhle Andreas. "17 Art. 19 para. 4 GG: Legal Remedies for Violation of Rights by Public Authority." In German Constitutional Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198808091.003.0017.
Full textAbstract:
This chapter discusses the provisions of Art. 19 para. 4 of the Grundgesetz (GG) that guarantee legal remedies for violation of citizens' rights by public authority. The requirement of effective legal remedies is also an inherent requirement of fundamental rights. In its more recent decisions, the Federal Constitutional Court has drawn on the legal right itself to derive a requirement of effective remedies. The chapter examines the Court's jurisprudence regarding the structure of the fundamental right to remedies for violation of legal rights by public authority, interferences with the right, and justification for such interferences. It also considers cases relating to legal remedies against judicial decisions before concluding with an analysis of the level of judicial oversight of administrative agencies by the administrative courts, taking into account the principle of assessment as applied to occupational examinations.
3
Zumbini, Angela Ferrari, and Otto Pfersmann. "Austria, Germany, and Switzerland." In Tort Liability of Public Authorities in European Laws, 319–28. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867555.003.0018.
Full textAbstract:
This chapter intends to shed light on commonalities and distinctive features of public authority liability in Austria, Germany, and Switzerland. In the first part, background commonalities and background distinctive traits are illustrated, together with the relevant Constitutional provisions. In the second part, a comparative analysis is carried out considering the answers given in the three countries. In particular, the chapter is focused on three kind of administrative action that can cause damages, ie authoritative decisions such as sanctions; the withdrawal of a former benefit; and a physical act. In the third part, the comparative analysis is carried out on cross-cut issues, considering institutional choices. The analysis shows that the outcome may well differ, considering not only the conditions for recognizing damages and their amount, but also for the primacy of alternative remedies, ie annulment.