Teses / dissertações sobre o tema "340/.19"
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Bohrer, Arndt [Verfasser]. "Entwicklung eines internetgestützten Expertensystems zur Prüfung des Anwendungsbereichs urheberrechtlicher Abkommen / Arndt Bohrer". Kassel : Kassel Univ. Press, 2003. http://d-nb.info/97032314X/34.
Texto completo da fonteAwabdeh, Mohamed Al. "History and prospect of Islamic criminal law with respect to the human rights". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2005. http://dx.doi.org/10.18452/15294.
Texto completo da fonteThe big question underlying this work is whether a specific Muslim criminal law can still be applied in Muslim countries. Is there a future for the Sharia, and if yes, how will it look like? What type of criminal law is needed at present and in the future in order to provide for peaceful and stable Islamic societies that apply a law code that meets international and domestic expectations in view of basic human rights as well as general approaches towards justice and equality before the Law? Through this research I would like to explain some important points of criminal law not just for the non -Muslims but also for Muslims. We ourselves want to learn how to conduct research using scientific methods and logic in order to understand Islamic criminal law. We want to show how Islamic criminal law should be understood through study and analysis. The analysis of law must be changed according to the benefits and interests of the people because God wants to see all his creation living in good way, peacefully, with justice and respect for each others. The Islamic world of today is sharply divided between modernism and fundamentalism. Both streams of thought may be defined to a large extent by their relationship to the West. Modernism takes into account what the West has achieved and calls for an adaptation to one's own ideas, values and practices. They advocate a broad interpretation of Islam for harmonising the traditional Islamic teachings and principles with the needs of a modern, progressive society. Fundamentalism, on the other hand, implies a return to a supposedly original core Islamic concept that rejects Western achievements. By the beginning of the 20th century there was a consensus among liberal Islamic thinkers about the necessity to reform and to meet modern legal standards without totally abandoning Islamic restrictions.
Kern, Bernhard Georg. "Das Internet zwischen Regulierung und Selbstregulierung". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2009. http://dx.doi.org/10.18452/16044.
Texto completo da fonteThe Internet has not only caused a non foreseeable revolution in human communication, it also defies legislation and jurisprudence in many ways. Acting over the internet causes unknown problems as communication on the internet is due to its structure non discriminating regarding the content. Discussion in the public has therefore concluded, that the internet were a anarchic space, a state which could not persist. In many cases this has caused reactions by legislation, although most of the development is carried by jurisprudence. The target of this publication is to show the internet-specific legal developments in Germany and to show their specific problems. In contrast to the state law the mechanisms of standardization by the institutions developing the internet and its standards are described.
Zhang, Haichen. "Arbeitnehmerbeteiligung an der Corporate Governance". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2013. http://dx.doi.org/10.18452/16680.
Texto completo da fonteThe dissertation compares the German and Chinese legal systems for employee´s participation in corporate governance. Besides the historic development of the both systems, the comparison is mainly focused on four aspects: employees´ participation in management issues, in appointing the board, in consultation for the board and in supervising the board. In general, both the German and Chinese legal systems have organs and mechanism for employees to participate in corporate governance both on the corporate level and the shop-floor level. However, the Chinese system is still lack of legal regulations to implement and protect the participation rights. Hence, quite a few participation rights still stay on paper, although they look very similar as in the German system.
Gericke, Gun. "Beurteilung von vorherrschender Meinungsmacht privater Fernsehunternehmen nach dem Rundfunkstaatsvertrag". Doctoral thesis, [S.l. : s.n.], 2001. http://deposit.ddb.de/cgi-bin/dokserv?idn=964721589.
Texto completo da fonteBenighaus, Daniel. "Staatshaftung für fehlerhafte Aufsicht im Bereich des Kapitalmarkts". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2009. http://dx.doi.org/10.18452/15987.
Texto completo da fonteArticle 4 section 4 Gesetz über die Bundesanstalt für Finanzdienstleistungsaufsicht (FinDAG) prescribes that the capital market supervision by the Bundesanstalt is only carried out for the public benefit. The legislator wanted thus to exclude the liability of public authorities for deficient capital market supervision. In this thesis it is examined if this provision is in accordance with the constitution and European law. The thesis emphasises on (possible) violations of the institutional guarantee of public liability, the constitutional duty to protect property and the requirements of European law concerning actionable rights. In conclusion the author affirms art. 4 sec. 4 FinDAG to be unconstitutional and incompatible with European law.
Besken, Melanie. "Die Rechtsstellung des Markenlizenznehmers nach [Para] 30 Abs. 3 Markengesetz". Doctoral thesis, [S.l. : s.n.], 2008. https://repositorium.ub.uni-osnabrueck.de/handle/urn:nbn:de:gbv:700-2008043012.
Texto completo da fonteBurkhardt, Maren. "Victim participation before the International Criminal Court". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2010. http://dx.doi.org/10.18452/16235.
Texto completo da fonteWhen the Rome Statute for the International Criminal Court was adopted in 1998, one of its innovations was that victims were granted an active role in the proceedings. This thesis is among the first to focus on the International Criminal Court’s power to enable victims to take part in the proceedings. It provides a comprehensive analysis of the legal framework of the participation system, taking into account relevant Court decisions. The study examines the position of victims in international criminal law, especially their rights to participate in all stages of the proceedings. It further explores to which extent the rules of the International Criminal Court correspond to the victims’ needs and wishes and on the other hand how the rules can be reconciled with the rights of the accused and other interests. The extent to which the ICC, as a criminal court, can and will at all help victims to overcome the consequences of war crimes. It will finally be reflected on some possible alternatives.
Schönrock, Sabrina. "Beamtenüberleitung anläßlich der Privatisierung von öffentlichen Unternehmen". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2000. http://dx.doi.org/10.18452/14470.
Texto completo da fonteDuring the last years several former public institutions have been taken into private ownership. In this context, the privatisation of the Deutsche Bundespost and the Deutsche Bundesbahn were the initial projects of outsourcing in Germany. However, the transfer of the civil servants to a private employment is still a major issue of discussion. In order to avoid any conflict with the Article 33 GG the German Constitution has been changed prior to the privatisation of the Deutsche Bundespost and the Deutsche Bundesbahn. In addition, with the amendment of the civil service law in 1997, a new paragraph 123a Abs. 2 BRRG was introduced, allowing the transfer of civil servants to private companies even against their will under the condition that the government is sharing the majority of the private company. Despite this amendment, the consequences of such a transfer of a civil servant to a private employment are not precised by law, except some complicate and misunderstandable arrangements for post and railway officials (PostPersRG and DBGrG). Therefore, this study aimed to investigate whether public civil service law or civil industrial law is applicable for these civil servants. In conclusion, civil service law is applicable for civil servants in a private company as well as for regular civil servants. That includes the application of all rights and duties in relation to the civil service, especially disciplinary proceedings, the prohibition of strike, the responsibility of the public employer and the competence of the staff council for civil servants.
Engelhardt, Sabine. "Die missglückte Regelung des Rechts der fehlerhaften Ehe durch das Eheschließungsrechtsgesetz 1998". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2005. http://dx.doi.org/10.18452/15217.
Texto completo da fonteThe German Marriage Act ("Eheschließungsrechtsgesetz") 1998 has led to an entire restructuring of the field of invalid marriages and their consequences and to substantial adjustments as regards content. It is extremely delicate to create statutory provisions governing the consequences of an invalid union of two persons because most of the times very private spheres are involved and - in case there are children - the consequences are not restricted to the partners. Additionally, the annulment of a marriage might affect contrary financial interests, which have to be fairly balanced. Albeit in practice the importance of invalid marriages is quite low there have been and are detailed provisions concerning that subject matter. The principal aim of that thesis is to examine the terms of the act with regard to their ability to appropriately govern the respective circumstances of life and whether they provide for proper and practical solutions. This includes an analysis of the legitimacy of the annulment reasons as well as a scrutiny of the annulment procedure and of the provisions concerning the consequences of an annulled marriage. If the stipulations give rise to concern more acceptable provisions are contemplated and own solutions are proposed. Furthermore, the new act is compared with its predecessors. The examination has shown that invalid marriages require a well thought-out and balanced statutory regulation, which the act is not able to deliver. Compared with the former statutory situation the reform of the invalid marriage law by the Eheschließungsrechtsgesetz 1998 cannot be viewed as an improvement. While there are some welcome amendments, the act also contains considerable weakness.
Schlösser, Brigitte. "Die Bedeutung der praepositio für den Handelsverkehr im antiken Rom". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2008. http://dx.doi.org/10.18452/15781.
Texto completo da fontePraepositio was the unilateral act by a businessman granting authority to an employee. This act gave authority to the latter to conclude and execute contracts with third parties. It described the area of accountability of the employee’s activity and engaged the businessman to answer for the obligations concluded by his employee. Praepositio thus bridged the gap between the necessity to act on behalf of another person and the rules of agency which did not yet exist in the modern understanding. Thus, it played an important role in the economic life of Ancient Rome. Praepositio provided a third party the assurance that, in the end, his contractual claims will be honoured. At the same time, the businessman was enabled to define the goals of his enterprise and to limit his own responsibility. Finally, the employee had the necessary assurance that the businessman will honour the obligations which were concluded within the limits described by the praepositio. Hence, the praepositio was an important step towards the suspension of the strict person-to-person relationship of the Roman law and towards agency in the modern understanding.
Wiesike, Alexander Gemberg. "Wohlverhaltensregeln beim Vertrieb von Wertpapier- und Versicherungsdienstleistungen". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2005. http://dx.doi.org/10.18452/15322.
Texto completo da fonteConduct of Business rules governing the provision of investment and insurance services and products protect both the system and the customers of such services. They are essential from an economic point of view in order to counter the structural information asymmetries between financial services providers and their customers. Since the provision of financial services is marked by a growing conglomeration and a dissolution of the sectoral boundaries of old, cross-sector conduct of business rules should be introduced. This is required in particular in order to ensure a level playing field for the financial services providers in both the insurance and the investment sector that increasingly compete with similar products for the same groups of customers. Conduct of business rules have to be adapted according to the diverging needs for protection of the different financial services recipients as well as the degree of dependency of the provider/intermediary from the “producer” of the financial product/service. Economically financial services providing brokerage and those providing advice should be separate, however, practically such a separation is unlikely to change much even with massive regulatory intervention due to the well-established structure of the market. As regards the completion of a European Common Market for Financial Services a complete harmonisation of conduct of business rules in both the investment services and the insurance sector is necessary. In turn, European-wide conduct of business rules in conjunction with the growing financial conglomeration of the formerly separate banking, investment services and insurance sectors call for a common European Financial Services Authority.
Stange, Enno. "Bargeldloser Zahlungsverkehr und Drittmissbrauchshaftung in Europa". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2009. http://dx.doi.org/10.18452/16036.
Texto completo da fonteThe European Payments Services Directive contains detailed liability regulations concerning the abuse of non cash payments. The deadline of transposal for this Directive passed in October 2009. The key aims of the harmonized liability rules are amendment of competition, legal certainty, consumer protection and future reduction of abuse. However, a comparative analysis reveals a considerable lack of consistency in relation to those goals and a renunciation of basic principles of European liability law.
Jansen, Martin F. "Funktionswandel der Rechtsanwaltskammern - von staatlichen Zwangsverbänden zu staatlichen Dienstleistungsträgern". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2011. http://dx.doi.org/10.18452/16373.
Texto completo da fonteIn this work, the author deals with the german lawyers'' organisation in the form of the traditional chamber model. The lawyers'' self-regulation by Bar Associations (“Rechtsanwaltskammern”) in Germany thereby represents a special subdivision of the state and embodies a liberal tradition dominated by authoritarian state structures and administrative organisation. Nevertheless, in the last years the german chamber model has been encountered to an increasing criticism. Have the German Bar Associations therefore to be regarded as traditional relicts of german government organisation? Is there a need to modernise the german lawyer´s organisation, what exactly is this and how is this implemented in practice? According to this, the author processes on comparative law, namely by analising the british lawyer´s organisation, which has been completely reorganised by the "Legal Services Act 2007" and therefore captures a pioneer role according to lawyer´s organisation in the European Member States. Law practice of solicitors and barristers has now become a part of numerous legal services in a "Legal Services Industry" and the lawyer´s associations Law Society and Bar Council have lost their regulatory powers to the newly established "Legal Services Board", meaning that they are from now on only originally responsible for the representation of lawyers´ interests. The author then attempts to submit practical proposals for the modernisation of the German Bar Associations. For this, the british reforms inherent the "british service idea" which is fructified for and implemented in the german chamber system. As a result, the author qualifies the German Bar Associations as modern service providers, which should get strengthened in addition to their traditional mission areas "regulation" and "representation" from the point of "promotion of the profession", meaning to strengthen their task of providing services for their own members within the constitutionally permissible in order to ensure their future and competitiveness in an ever-anglicised German legal services market.
Lange, Gloria. "Bilanzrecht und Ökonomische Theorie des Rechts- Ansatzpunkte und Überlegungen zum § 249 HGB -". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 1999. http://dx.doi.org/10.18452/14444.
Texto completo da fonteWith the world turning into a global village it is generally considered necessary for German companies to abandon German accounting rules in favor of international standards in order to access money markets. But is German accounting law as laid down in the Handelsgesetzbuch (HGB) really inferior to international standards and should it consequently be adjusted to international rules? To answer these questions it is attempted to apply economic theory of law to accounting rules, using § 249 HGB as a typical example. To this purpose a simple business model in a in a neo-institutional world is introduced where the emphasis is put on different kinds of financial relations. A distinction is made between the financial relations between the shareholders that founded the company, the financial relations between new shareholders and the founders of the company and finally the relationship between the company and banks financing the business. Whereas traditional accounting theories or approaches even fail to fully explain the set of rules put down in § 249 HGB, newer approaches combining agency theory and/or the theory of market failure with accounting theory are able to explain the function of § 249 HGB in one financial relation at a time. However, none of these approaches is applicable to all financial relations as depicted in the model. Using new institutional economics, a recently developed theory combining different other approaches in economics, and putting the emphasis on (economic) contract theory, it is possible to understand all financial relations within a company as well as the financial relations between a company and the money markets as contracts. This way legal thinking and newer accounting theories have a common denominator. Different approaches can be combined to form a comprehensive system. Within this system the functions of § 249 HGB in the model´s different financial relations can be positively analyzed. However, positive analysis does not provide the answer to the question of how German accounting rules should be. This is where constitutional economics may provide the missing link. Constitutional economics interpret all kinds of relationships as individual contracts between human beings. Then any given rule can be normatively analyzed by simply asking the people if they would have voted for or against the rule if they had been asked in advance. If they had voted for the rule then the rule is made the way it serves peoples´ interests best. However, if more knowledge is available the questioning can be repeated and the outcome may change in favor of better rules. It is considered sufficient that people voluntarily agree to a rule on a very abstract level, e.g. to the constitution. If the contract the founders of a company have to agree to is compared to the constitution, it can be shown that the founders of the company might under certain circumstances voluntarily agree to the rules as they are laid down in § 249 HGB. If agreement can be reached depends on the financial plans they have for the company. Therefore it can be concluded that specifics of German accounting law as represented in § 249 HGB should not simply be given up to follow the demands of the international money markets. For certain classes of companies German accounting rules serve their purpose and should at least be kept as an option for these companies.
Agbalaka, Lino. "Flashmob-Aktionen im Arbeitskampf". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2016. http://dx.doi.org/10.18452/17521.
Texto completo da fonteAtypical industrial action like flashmobs challenge business-owners'' long-established „Recht am eingerichteten und ausgeübten Gewerbebetrieb“ - a case-law based institute in German tort law that protects against interferences with individual and coporate economic activity. The book aims at refining the means to evaluate impairments of the „Recht am eingerichteten und ausgeübten Gewerbebetrieb“ in such cases. Up until now, interferences only qualified as such, if they were sufficiently related to the economic activity of the business, posed a relevant financial threat to it and did not qualify as bagatelles - as is usually the case during strikes. The further qualification of the interference as a breach requires a balancing of the opposing legal and factual positions. The following questions are designed to adjust the balancing-process across different scenarios of atypical industrial action: 1. Which part of business-activity is being affected by the industrial action? 2. Does the interference imply a sudden, non-existential impairment of the business procedures? 3. Of what quality and quantity is the impairment? 4. To which extent does the industrial action cause measurable financial damage for the business? A flashmob in the context of industrial action is a coordinated, externally unpredictable act of a multitude of people inside or around a business to the end of a trade agreement. In 2009 the Federal Labour Court of Germany ruled that this type of industrial action was not generally illegitimate, a view that the Federal Constitutional Court upheld in 2014. This book recounts central aspects of the former ruling and tests their validatity. Among them are the scope of the freedom of association, the free choice of means, the principle of proportionality and that of parity. The book further portrays history and motivation behind atypical industrial action and depicts recent corresponding German and European judicature.
Scherer, Gabriele. "Das internationale Privatrecht als globales System". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2005. http://dx.doi.org/10.18452/15352.
Texto completo da fonteThis thesis addresses the question of what conceptual framework is adequate for private international law in the light of modern developments. “Classic” private international law conceives of “the Law” as necessarily being issued by a state entity, as a consequence of which systems of private international law so far have been conceptually limited to the realm of national law systems. The developments of recent decades, however, show that social reality transcends governmental and territorial determinations with the creation of functionally differentiated sectors regardless of territorial boundaries. According to my argumentation, globalization entails global regulation necessities outside of the traditional national systems of law. In order to adequately meet the requirements of this new reality, private international law should be conceived of as an overarching system which comprises the national systems as mere subsystems. The consequences of this new perspective are being analyzed with regard to the problem of the application of "foreign" law.
Schelp, Ira. "Die Haftungsbelastung des Arbeitnehmers bei Schädigung Dritter". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2004. http://dx.doi.org/10.18452/15152.
Texto completo da fonteThe present dissertation deals with the liability an employee bears in case he injures a third person in course of employment. It’s a comparative study which aims to draft an outline for a unified European rule. There were apparent differences between the compared European laws regarding the topic of vicarious liability. The variations in how liability is shared between employee and employer are created by dissimilar morals and values. Of the studied arguments for or against the principle of vicarious liability have two persuaded in favour of a shared liability between the parties of employment. The first is the employers obligation to care for the welfare of his employees and the second the inherent risk of the business itself which puts an obligation on the employer to share the liability for damage done to third parties in course of employment. In detail this study suggests to keep the employee liable for intended acts only. Apart the liability is to be carried by the employer. The concept proposes further a compulsory insurance which is to be paid for by the employer. The insurance however is obliged to step in for all the damage done in course of the employment by the employee. Only in case of intention there is the right of the insurance to take regress at the employee. Part of the concept is a minimum sum to be insured. State enterprises and comparable solvent companies shall have the opportunity to apply for an exception of the requirement to insure. Insurance rate should connect to the individual risk of the business, considering the risk-level in course of the operation of the particular business and the quantity of actual damages done. A reliable control by officials is necessary to ensure that the employer cared for the insurance. A unification of the matter should only take place in a European context of a unified civil law. A study of the existing possibilities to harmonise private law in Europe led to the conclusion that the subject of vicarious liability within a new European civil code should be drawn in the shape of a model law.
Cho, Eun-Hee. "Die finanzielle Versorgung nach der Scheidung im deutschen und koreanischen Recht im Vergleich". Doctoral thesis, [S.l. : s.n.], 2001. http://deposit.ddb.de/cgi-bin/dokserv?idn=962678023.
Texto completo da fonteYi, Weizhong. "Research on parliamentary privilege concurrently discuss Chinese National People's congressional privilege". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2009. http://dx.doi.org/10.18452/16011.
Texto completo da fonteThis thesis analyses parliamentary privilege. The privilege is an ancient parliamentary power. All of countries that have democratized or will soon have democratized provide them by own constitution. The purpose of the parliamentary privilege is to permit members of the legislature to speech freely and express their opinion of political position, and not worry about retaliation on the basis of political motives. The Parliament formulates itself its own rules of procedure and maintains the discipline of parliament itself and so on, in order to ensure that the parliament can independently, freely discharge of its duties and perform its functions. Parliamentary privilege, however, is often misunderstood by popular who believes that the privilege is the special protection of all of the elites of society. That is ironic, because privilege was originally produced as a whole of the protection of Parliament, and it protected members of parliament from the elites at that time. It may be said that parliamentary privilege is a special institutional arrangements based on the principles of democracy. Compared with other parliamentary powers, it is special because it is the defensive power of Parliament rather than an offensive power which the parliament must proactively exercise. After studying on the foundation in the theory of parliamentary privilege, the paper comprehensively discusses on the main elements of parliamentary privilege, the problems at the practice of parliamentary privilege and the development of privilege. Finally, it is to argument how to improve and perfect the relevant privilege systems of Chinese National People’s Congress.
Freund, Judith [Verfasser]. "Die Wechselverpflichtung im 19. Jahrhundert / Judith Freund". Frankfurt : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2012. http://d-nb.info/1042541515/34.
Texto completo da fonteKlein, Winfried [Verfasser]. "Die Domänenfrage im deutschen Verfassungsrecht des 19. Jahrhunderts. / Winfried Klein". Berlin : Duncker & Humblot, 2010. http://d-nb.info/1238354718/34.
Texto completo da fonteTeodossieva, Assia. "Die Niederlassungsfreiheit der Staatsangehörigen und der Unternehmen aus Mittel- und Osteuropa in der Europäischen Union". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2010. http://dx.doi.org/10.18452/16228.
Texto completo da fonteThe dissertation examines the right of establishment of nationals and companies of Central and Eastern Europe (CEE) in the European Union from the perspective of labour migration. It discusses the relevant EU legislation combining the corresponding German and Bulgarian national regulations over the period 1990-2009. The dissertation presents inter alia different constellations, in which the right of establishment is not used according to the spirit and purpose of the law. It analyzes the legal aspects of such unfair practices as a nontypical form of legal migration from Central and Eastern Europe in the European Union. In the years preceding the EU accession 2004/2007 and in the transitional periods after that the labour markets of the “old” EU Member States were subject of restrictive regulations. That fact provoked the CEE nationals under certain circumstances to use the right of establishment improperly - as an instrument for a legal access to the aforementioned labour markets, as a tool for acquiring a permanent residence status in the host country or even as an attempt to legalize an illegal residence. The study takes into account the relevant EU and German case law and runs complex on three levels - on the level of EU law and on the level of the corresponding Bulgarian and German law.
Maier, Alexandra Karin [Verfasser], e Gottfried [Akademischer Betreuer] Schiemann. "Geschiedenenunterhalt in Deutschland im 19. Jahrhundert / Alexandra Karin Maier ; Betreuer: Gottfried Schiemann". Berlin : Fachinformationsdienst für internationale und interdisziplinäre Rechtsforschung Staatsbibliothek zu Berlin - Preußischer Kulturbesitz, 2013. http://d-nb.info/1216703000/34.
Texto completo da fonteLange, Dirk-Fabian. "Die Regulierung von Aktienleerverkäufen in der Europäischen Union und in den USA unter Berücksichtigung der ökonomischen Auswirkungen von Leerverkäufen auf die Aktienmärkte sowie unter Einbeziehung rechtshistorischer Aspekte". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2017. http://dx.doi.org/10.18452/17718.
Texto completo da fonteThis thesis analyses the economic impact short selling has on liquidity, price formation and volatility of stock markets. Moreover it thoroughly describes the regulatory measures that were taken with regard to short selling in the United States, in Germany and in Great Britain after the financial crises in 2008. The main focus of this thesis is on the current short selling regulation in the US and on the European Short Selling Directive EU 236/2012
Orthmann, Mark. "Der Informationsanspruch zum Nachweis des Kartellschadens aus der Perspektive des Rechtsanwalts". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2014. http://dx.doi.org/10.18452/17053.
Texto completo da fonteThe work reveals that a for a better private enforcement of competition law in the form of damages claims an independent right of information vis-à-vis the EU-Commission and the German Cartel Authorities for an attorney without a client and a mandate is needed. This need not only derives from the factual necessity but also from European primary law and the German Grundgesetz. In light of the European principle of effectiveness, Article 4 para. 3 TEU, and the right to effective judicial protection, Article 47 EU Charter of Fundamental Rights and Article 20 para. 3 German Grundgesetz respectively, the author develops the right and its boundaries. The examination of information rights and rights to access documents in EU secondary law and German law then shows that an independent right of information and access to documents for an attorney without a client and a mandate already exists if the law is interpreted in accordance with the EU primary law and the German Grundgesetz. The author further develops a recommendation as to how such an information right could be extended beyond its core that is determined by EU primary law and the German Grundgesetz.
Engelhardt, Marie von. "Dealing with fragile states". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2016. http://dx.doi.org/10.18452/17426.
Texto completo da fonteThe political phenomenon of ‘fragile states’ concerns international law’s very foundations, and has yet received little attention from legal scholarship. States that have the legal status of states, but are in fact unable to fulfill even the most basic functions, pose a fundamental problem to the functioning and effectiveness of the international legal order. It crucially depends on the existence of governments with the minimum level of capacity necessary to exercise rights and obligations, and to partake in international cooperation. In development cooperation, for instance, the existence of a state with an authorized and competent government is a basic condition for the transfer of financial assistance. This study looks at the law and practice of development cooperation to show that ‘fragile states’ are a phenomenon beyond law, but how international organizations have addressed the challenges of engaging with fragile states may well be of legal significance. It analyzes the formal and informal rules that development organizations – the World Bank, and a range of regional organizations – have adopted to address the lack or severe limitation of government effectiveness in certain countries. The result is a critical analysis of the discourse on fragile states, and how it has shaped the rule-making activities of international organizations.
Vettraino, Florence. "Internationales und staatliches Strafverfahrensrecht". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2013. http://dx.doi.org/10.18452/16741.
Texto completo da fonteThe procedure of the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda can be regarded as the first set of rules of international criminal procedure. This procedural law, constructed and developed by the judges themselves was primary inspired by the common law approach to criminal proceedings. In the absence of precedents, and given the numerous potential analogies between domestic criminal procedure and international criminal procedure, the judges often referred to domestic legal practices - particularly during the ad hoc tribunals’ first years of activity - when applying rules of procedure and evidence. The present work investigates this reference to domestic law by examining the ad hoc tribunals’ jurisprudence regarding the law of evidence. The reasons for and forms of the reference to domestic law are first presented and then analysed. This study concludes that, on the whole, domestic law is referred to in an unsystematic and pragmatic manner: It is mostly used by the judges in order to provide the most suitable solution for the particular case before them and/ or to legitimate a decision they have already made on the basis of their own procedural rules. Such an approach raises two problems: a legitimacy deficit in regard to the internationality of the ad hoc tribunals’ procedure and a lack of predictability in the application of the rules of procedure and evidence. This study deals therefore finally with the possibility of a methodical approach, which could contribute to more predictability and legitimacy in the application of the procedural rules of international criminal tribunals, regardless of whether or not the judges refer to external normative systems, such as domestic legal orders.
Schneider, Tillmann. "Recht als Übersetzung". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2016. http://dx.doi.org/10.18452/17588.
Texto completo da fonteJurisprudence acknowledges more and more that the state is not the only source for legal norms. The diversity of normative orders is usually described with the term "legal pluralism". Scholarship on legal pluralism emphasizes that normative orders do not exist parallel and independently from each other, but that they influence each other mutually. The relationship can be conflictual but also cooperative, there can be transfers of norms and ideas, but also resistance and dissociation. This study contributes to inter-disciplinary jurisprudence by analysing transfer processes between normative orders. It understands "translation" as essential practice of legal pluralism and offers a methodological approach to analyse transfer processes sensitively to power. Using the example of Ghana the study explores how state courts practice the recognition of non-state law. Ghana is characterised not only by the coexistence not only of different cultures, but of different normative orders as well. Next to the common law which had been introduced by British colonialism there is a plurality of local customary laws that are officially recognised as law by the state. This situation raises questions beyond the Ghanaian context on how to deal with social diversity and the conflicts the come along with it.
Rasch, Felix [Verfasser]. "Das musikalische Aufführungsrecht in Deutschland im 19. Jahrhundert / Felix Rasch". Frankfurt a.M. : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2019. http://d-nb.info/1199774588/34.
Texto completo da fonteLang, Bernd [Verfasser]. "Die Idealkonkurrenz als Mißverständnis. : Zur Entwicklung der Konkurrenzen im 19. Jahrhundert. / Bernd Lang". Berlin : Duncker & Humblot, 2010. http://d-nb.info/1238355072/34.
Texto completo da fonteKraupa-Tuskany, Amadeo. "Verhaltenspflichten des Vorstands des Zielunternehmens während öffentlicher Übernahmeverfahren". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2013. http://dx.doi.org/10.18452/16659.
Texto completo da fonteThe primary objective of the dissertation is to systematically integrate economic considerations into the discussion about the code of conduct for the board of directors during public takeovers. From a welfare theoretic perspective, the economic functions of the market for corporate control have to be taken into account in their entire scope. In this context the instruments of Law and Economics are used for a positive analysis of different approaches to regulate the code of conduct as well as the existing regulations of the EU Directive on Takeover Bids and the WpÜG. The normative approach of Law and Economics is particularly useful for developing regulatory alternatives to the existing code of conduct under the WpÜG. Based on a survey of the regulatory problems of public takeovers from an economic and legal perspective, the dissertation is perusing two objectives: a positive effect analysis of the impact of the existing rules of the EU Directive on Takeover Bids and the WpÜG as well as the formulation of an alternative concept for the code of conduct on the national level.
Krohn, Tobias [Verfasser]. "Die methodengerechte Auflösung marktmachtbedingter Interessenkonflikte durch § 19 Abs. 2 Nr. 1 GWB / Tobias Krohn". Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://d-nb.info/1212398289/34.
Texto completo da fonteBlath, Simon [Verfasser]. "Societas sive communio. : Zum Begriff des Personengesellschaftsvertrags vom Humanismus bis zum 19. Jahrhundert. / Simon Blath". Berlin : Duncker & Humblot, 2010. http://d-nb.info/1238423477/34.
Texto completo da fonteKellermann, Sonja Daniela [Verfasser]. "Carl Wilhelm Pauli (1792–1879) : Ein bemerkenswerter Lübecker Jurist im 19. Jahrhundert / Sonja Daniela Kellermann". Frankfurt a.M. : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2020. http://d-nb.info/1211316297/34.
Texto completo da fonteSeitz, Georg [Verfasser], e Rudolf [Akademischer Betreuer] Streinz. "Umschuldungsklauseln (Collective Action Clauses) in Staatsanleihen des europäischen Währungsraumes / Georg Seitz. Betreuer: Rudolf Streinz". München : Universitätsbibliothek der Ludwig-Maximilians-Universität, 2014. http://nbn-resolving.de/urn:nbn:de:bvb:19-176313.
Texto completo da fonteKrupar, Monika [Verfasser]. "Tschechische juristische Zeitschriften des 19. und 20. Jahrhunderts. / Monika Krupar". Berlin : Duncker & Humblot, 2011. http://d-nb.info/1238361072/34.
Texto completo da fonteHucke, Matthias Josef. "Der Schutz der Menschenrechte im Lichte von Guantánamo". Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2008. http://dx.doi.org/10.18452/15732.
Texto completo da fonteGuantánamo has become a symbol for the clash of differing value systems. With widespread international concern and criticism of the treatment of the detainees - Islamic terror suspects - as grave violations of universal human rights. The dissertation illustrates the complex problems confronting international law by the aspects of international terrorism and especially the prison camp on Cuba. Furthermore, it examines the question, which rights beyond the international codifications are actually accepted within the cultures. The wording of the international human rights treaties and their dissemination assume a consensus on basic human rights. However differing and sometimes opposing cultural and religious conceptions exist. Some communities attach importance to a liberal and individual understanding, whilst others on the involvement and obligation of the individual into the community. Making it difficult to define and implement core human rights treaties, which can be applied universally regardless of cultural and religious beliefs. Therefore, the examination goes further than an analysis by means of international law. It discusses the question, which justifications of human rights are existing within the cultures, what the contents of the present paradigms of justification - to which also the international human rights refer - are, and how an inherence of a core of human rights can be derived beyond cultural relativity. Rights that would consider equal conditions of human interaction, and examine the correlation of identity, structural violence and the state of need of the human being. The actualization of the justification of human rights is vital in the legal discourse to assimilate the conceptions about the rights of man. Controversial human rights situations like Guantánamo can only be resolved and avoided in the future, with continued intercultural dialogue, understanding of a common human identity, and celebration instead of condemnation of the inherent richness of differing cultural and religious values.
Hupe, Daniel [Verfasser]. "Von der Hierarchie zur Egalität in den Zivilrechtskodifikationen des 19. Jahrhunderts vor dem BGB / Daniel Hupe". Frankfurt : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2015. http://d-nb.info/1080459235/34.
Texto completo da fonteKnapp, Natalie [Verfasser]. "Die Ungehorsamsstrafe in der Strafprozesspraxis des frühen 19. Jahrhunderts. : Eine Untersuchung anhand ausgewählter Staaten. / Natalie Knapp". Berlin : Duncker & Humblot, 2011. http://d-nb.info/1238426867/34.
Texto completo da fonteGergen, Thomas [Verfasser]. "Die Nachdruckprivilegienpraxis Württembergs im 19. Jahrhundert und ihre Bedeutung für das Urheberrecht im Deutschen Bund. / Thomas Gergen". Berlin : Duncker & Humblot, 2010. http://d-nb.info/1238357385/34.
Texto completo da fonteMeurer, Gabriele [Verfasser]. "Unerlaubtes Entfernen vom Unfallort – § 142 StGB. : Reformdiskussionen und Gesetzgebung seit dem Ausgang des 19. Jahrhunderts. / Gabriele Meurer". Berlin : Duncker & Humblot, 2014. http://d-nb.info/1238433014/34.
Texto completo da fonteVogl, Thomas [Verfasser]. "Der Einfluss des französischen Rechts auf die Entwicklung der Handelsgerichtsbarkeit in Deutschland im 19. Jahrhundert. / Thomas Vogl". Berlin : Duncker & Humblot, 2020. http://d-nb.info/1238492231/34.
Texto completo da fonteKreissl, Christina [Verfasser]. "Die Religionsfreiheit juristischer Personen im Sinne des Art. 19 Abs. 3 GG : Zur Notwendigkeit einer Neubewertung / Christina Kreissl". Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://d-nb.info/1212392752/34.
Texto completo da fonteSchwarz, Sebastian Henner. "Regulierung durch Corporate Governance Kodizes". Doctoral thesis, [S.l. : s.n.], 2005. http://deposit.ddb.de/cgi-bin/dokserv?idn=976510898.
Texto completo da fonteMenninger, Lars [Verfasser]. "Die Inanspruchnahme Privater durch den Staat : Das Recht der Aufopferung und Enteignung im 18. und 19. Jahrhundert / Lars Menninger". Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2014. http://d-nb.info/1108810519/34.
Texto completo da fonteGuddat, Tanja [Verfasser]. "Ein europäischer Jurist des 19. Jahrhunderts. : Jean-Jacques G. Foelix und die rechtsvergleichende Methode im (internationalen) Privatrecht. / Tanja Guddat". Berlin : Duncker & Humblot, 2011. http://d-nb.info/1238351549/34.
Texto completo da fonteLovrić-Pernak, Kristina [Verfasser]. "Morale internationale und humanité im Völkerrecht des späten 19. Jahrhunderts : Bedeutung und Funktion in Staatenpraxis und Wissenschaft / Kristina Lovric-Pernak". Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2013. http://d-nb.info/1108818234/34.
Texto completo da fonteSchulz, Max-Ferdinand [Verfasser]. "Alimenta consanguineorum. : Das Unterhaltsrecht unter Verwandten in der Rechtsprechung des 19. Jahrhunderts unter Berücksichtigung der zeitgenössischen Literatur. / Max-Ferdinand Schulz". Berlin : Duncker & Humblot, 2017. http://d-nb.info/1238436404/34.
Texto completo da fonteLiebner, Katrin [Verfasser]. "Wucher und Staat. : Die Theorie des Zinswuchers im Deutschland des 18. und 19. Jahrhunderts. / Katrin Liebner". Berlin : Duncker & Humblot, 2009. http://d-nb.info/1238364373/34.
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