This class will provide participants in an ERASMUS exchange programme and other foreign students with an overview of the principles of German private law.
In discussing cases the students will become acquainted with the concepts of the General Part of the BGB (German Civil Code), contracts, unjustified enrichment and delict, and property. Other related areas will be touched on occasionally.
Students should be prepared to contribute insights from the legal systems of their home countries that allow comparisons between those legal systems and the German one.
This course is designed to give participants in an ERASMUS exchange programme and other foreign students an insight into German public law.
The emphasis is on German constitutional law (system of government, protection of human rights). The main doctrines of administrative law will also be discussed, including the law of administrative procedure.
Legal History I acquaints students with the development of the law in
Western Europe. The syllabus is arranged chronologically. The focus will
be on the evolution of rules of law, their application by the courts, and
the development of legal science.
To exemplify these topics, certain legal institutions are examined in their
development over time.
Roman Law is discussed in the context of its reception in Germany.
The content of this course alternates from year to year. Its subject is either the History of German Law, or the History of Canon Law, or Roman Legal History and Roman Private Law. Depending on the availability of the lectures concerned, two courses may be offered simultaneously; a Legal History II class may also be followed concurrently with Legal History I.
Constitutional History is offered in two parts, over two consecutive
semesters.
The syllabus for the first semester covers the entire constitutional history
of Germany, from the beginning of the German imperium until now.
In the second semester the same period of time is discussed, but in more
detail. As opposed to the first semester students have to contribute a
term paper. Topics are handed out at the end of the preceding semester.
The course introduces students to the basic questions of jurisprudence. It discusses, among other topics: meaning and importance of jurisprudence; the concepts of law; the distinction of reality and (moral) necessity; jus naturale and substantive justice; the validity of legal rules; elementary questions of methodology; modern developments in jurisprudence.
The class can be taken for credit, an exam is given at the end of the semester.
This course introduces students to the system of German private law. Substantively, the emphasis is on the doctrine relating to "legal acts", according to the terminology of the German Civil Code. Using the example of the law of sale, the basic principles of the law of contract are examined (conclusion of a contract; defects of consent; minors; agency; breach of contract; etc.), the relationship between contract, delict and unjustified enrichment is discussed and the connections between the law of obligations and the law of property are examined.
The class is conducted partly as a systematic lecture, and partly case oriented. It familiarizes students with the technique of working on cases in private law as it is expected in exams, and conveys the particular skills needed for the writing of legal opinions. These tasks are supported by study groups (Konversatorien) which are conducted by teaching assistants parallel to the lectures.
The German private law is presented in the European context. The German Civil Code (BGB) is part of a lively tradition reaching back to Roman roots. Most other European legal systems are part of the same tradition. Understanding this relationship, as well as the national peculiarities, is essential for every lawyer practising in this time of increasing Europeanisation and internationalization of law and economy.
Building on Private Law I, this course essentially covers §§ 241-432 BGB (Law of Obligations, General Part): damages; set-off and other methods of satisfying a debt; cession of rights; the rules relating to performance; conventional penalties etc. Some of the subjects examined in Private Law I are discussed in greater detail. Students are also required to apply the method of writing legal opinions and will be required to write tests and essays.
Prerequisite: Private Law I
The syllabus covers §§ 433 - 853 BGB, placing particular emphasis on sale, lease, contracts for works and services, suretyship, settlements, negotiorum gestio, unjustified enrichment and the law of torts, including the concept of strict liability.
Prerequisites: Private Law I and II
The course discusses the property rights in chattels as well as land.
The focus as to rights in chattels is on possession, acquisition, security
interests and the owner-possessor relationship.
With respect to real property special emphasis is on the substantive and
procedural law of land registers, the priority notice protecting claims
to land, and mortgages.
Participants in the graduate programme "business reorganization" can take this class for credit. An exam on security interests is offered at the end of the semester.
Prerequisite: Knowledge of the Law of Obligations is helpful but not strictly required.
This class outlines German family law. Particular attention is given to topics that are related to the general civil law. The focus is on marital and parental relations. The law governing unmarried couples will be covered in an appendix.
Prerequisite: Law of Obligations
Students in this class will be introduced to the essentials of the fifth
book of the BGB.
Main topics are:
Wills and their interpretation, intestate succession, capacity to inherit,
rights and obligations of heirs, the status of the executor, the rights
of those entitled to a compulsory portion, joint heirs, holders of life
estates and remaindermen.
This lecture outlines the general principles of German commercial law and the commercial transactions under the German Commercial Code (HGB). Particular emphasis is on the interrelation between the General Civil Law codified in the BGB, and the more specific rules of the HGB which are only applied to merchants.
Prerequisites: Private Law I, II, III
The aim of this course is to cover the areas of the commercial code
not discussed in Handelsrecht I, but also to extend the knowledge of the
system of German commercial law to areas outside of the HGB.
Topics of this lecture are agency under the commercial code, banking law,
and the law of the carriage of goods.
Students attending this lecture are introduced to the theoretical framework
underlying the various forms of business entities.
The focus will be on (unlimited and limited) partnerships under the commercial
code, and on limited corporations.
This class covers the basics of German securities and commercial paper.
Students are first introduced to the concept of securities and commercial
paper in relation to the general law of commercial transactions. Following
that, special emphasis is on the law governing negotiable instruments and
cheques.
The course will cover the employer-employee relationship and related topics from the regulations concerning collective agreements.
The syllabus for the lecture includes:
The foundations of labour law, creation and termination of employment relationships,
obligations of the parties to an employment contract, and procedural particularities
in labour law courts.
Prerequisite: This class is scheduled for advanced students. However,
no specialised prior knowledge is required.
This course is normally spread out over two consecutive semesters.
The first part examines the legal framework for the collective bargaining
process, the parties to collective agreements, and industrial action.
Part II focuses on the role of organized labour as part of the oganizational
structure of business entities, mainly of corporations.
Even an economic system based on free enterprise cannot allow unrestricted
competition among the players on the market. The principles of the regulation
of the competitive process are set out in the "Gesetz gegen den unlauteren
Wettbewerb" (Statute against Unfair Competition), but the area is
mostly governed by case law. The lecture provides students with a doctrinal
roadmap through this confusing body of rules and decisions.
This class is usually taught by a practitioner. It introduces students to the techniques of drafting contracts. Every semester, the class focuses on contracts in a certain area of law, such as corporations and partnerships, family law (marital and antenuptial agreements), or wills.
Prerequisite: Knowledge of the law in the particular area is necessary
The course discusses the problems which arise when a party seeks recognition
and enforcement of a claim in court. First, students are introduced to
the German court system, the jurisdiction of the different courts, and
the roles of judges and attorneys. Then, the underlying principles of the
rules of civil procedure and the rights of the parties to litigation are
discussed. The different stages of the procedure, evidentiary rules, and
the possibilities of the parties' influencing the course of the litigation
are the third main topic, leading to the discussion of judgments and the
possibilities of appeal. Finally, special forms of proceedings (accelerated
proceedings, family proceedings, arbitration) are examined.
The aim of the class is to develop in students an understanding for procedural
questions.
Prerequisites: Law of Obligations, Property Law
The aim of this course is to explore how a creditor obtains payment
or performance if the debtor keeps refusing to pay or perform even after
a judgment has been entered. It also discusses the procedures for obtaining
injunctions and arrests.
The syllabus includes: the requirements for enforcing judgments; the basic
principles underlying the regulations governing such an enforcement; social
policies and their bearing on the enforcement; the actions and objections
available to the parties in an enforcement proceeding; the particular rules
of enforcement pertaining to certain types of assets (movables, account
receivables, wages, real estates); the possibilities of securing enforcement
or other rights by injunctions and preliminary actions.
Prerequisites: Civil Procedure, Property Law
The Bundesverfassungsgericht (Federal Constitutional Court) as well
as the constitutional courts of the particular Länder are an important
part of the German court system and yet quite separate from it. The increasing
willingness of international bodies to create international courts for
certain cases that often are also within the jurisdicion of the constitutional
courts adds spice to this stew. The particularities of these courts are
the subject of this class.
The syllabus for this course includes the rules of jurisdiction as well
as the rules of procedure of the German and Bavarian Constitutional Courts,
the European Court of Justice and the European Court of Human Rights.
Prerequisites: Constitutional Law I and II, General Administrative Law,
Administrative Process
Bankruptcy law deals with individual and corporate debtors in economic difficulties. The German Law at present offers two separate proceedings to meet this situation, "Konkurs" (bankruptcy) and "Vergleich" (settlement). Both these proceedings affect third parties such as joint creditors, contractants, employees, share holders or suppliers.
Under the new Insolvency Code which will become effective in 1999 there is only one type of insolvency proceeding, which is also part of the course.
Graduate Students can take this class for credit. An exam is offered at the end of the semester.
Prerequisites: Law of Obligations, Property Law, Corporations, Labour
Law
German courts are not only fora for litigation. In areas of law that are not governed by an adversarial system they have a partly administrative function. The rules of procedure governing cases under this so called non-contentious jurisdiction are the main subject of this class. In addition, the most important subject matters under this jurisdiction are discussed: estates and probate court, custody and guardianship court and recording title in land.
Prerequisites: Property Law, Law of Succession, Civil Procedure
The syllabus covers the entire General Part of the German Penal Code,
i.e. the underlying doctrines applicable to all crimes. From the "Besonderer
Teil" (Specific Crimes section) crimes inflicting fatal or bodily
injury, and crimes against private property are examined.
The emphasis in Criminal Law II is on the specific crimes, but some general doctrines not discussed in Criminal Law I (like omissions as criminal acts, or attempted crimes) are also included.
Prerequisite: Criminal Law I
This course covers the doctrines underlying the law of criminal procedure,
its goals and history, as well as the sources of law in this area.
In a second part, the different stages of a criminal trial (investigation,
preliminary proceedings, trial, appeals, enforcement of judgments) are
outlined.
Prerequisites: Criminal Law I and II (foreign students who have studied
the criminal law of their home countries should have the necessary understanding
to be able to benefit from and contribute to this class).
This class introduces students to the approach to and rationale for criminology as an empirical science. Because of its subject matter, criminology is closely intertwined with criminal law, thus providing valuable insights that help one to understand criminal law. Topics discussed are the various sciences contributing to criminology (like psychiatry, psychology, and sociology), the relation between criminology and criminal law, and the methodological approach of an empirical science. The methods studied are applied to selected problems of criminology (prognosis, therapy during law enforcement).
Prerequisites: Criminal Law I + II (foreign students who have studied
the criminal law of their home countries should have the necessary understanding
to be able to benefit from and contribute to this class).
The methods taught in Introduction to Criminology are applied to a specific group of crimes (which group varies from semester to semester).
Prerequisite: Introduction to Criminology
Focusing on a special group of criminal offenders, namely juveniles and young adults, this course combines criminology, substantive criminal law and criminal procedure. The development of the personality of a juvenile is the starting point from which types and frequency of crimes committed by juvenile offenders, theories explaning juvenile delinquency, the system of the Law concerning Juvenile Courts, its system of sanctions and the special rules of procedure for trials of juvenile offenders are explored.
Prerequisites: basic knowledge of criminal law and procedure (knowledge
of a foreign system will suffice)
The statutory rules and the reality of the executions of criminal judgments and the treatment of wrongdoers are under scrutiny in this class. The focus will be on the goals pursued by the detention of criminals, rights and obligations of convicts, the normal execution of sentences and its organisation, conflicting goals in prison, and remedies of inmates. The class also visits a prison.
The protection of Human Rights is a yardstick for the rule of law in
a society. Thus, studying these "fundamental rights," to use
a literal translation of the German word "Grundrechte," is a
central part of any lawyer's first year curriculum.
Topics of this lecture are: the interpretation of the constitution, meaning
and importance of Human and Civil Rights under the Constitution, modern
developments in the perception of civil rights, and the bill of rights
in the "Grundgesetz" (Basic Law).
All modern constitutions are based on a concept of separation of powers.
This separation calls for a clear distinction between different branches
of government and their powers. It does not, however, mean a total independence
of these powers.
The respective powers of the executive, the legislature and the judiciary,
their interaction, and their powers under the German Basic Law as well
as under the Bavarian Constitution are the topic of this class.
The increasing number of functions and services performed and offered
by administrative agencies make it increasingly important that government
service is carried out efficiently, and yet within the boundaries set by
the constitution.
This lecture conveys the general doctrines of administrative law in their
function as statutory framework for a modern body of administrative law.
Central topics are the forms of administrative activity, the requirement
of a statutory basis for such activity, and the use and limits of discretion
in performing government services.
Administrative activity must be carried out efficiently. At the same
time it is subject to a more thorough scrutiny as to its legality than
the activities of private entities. The government of a democratic state
has a particular interest in the effective self-control of its own actions.
In addition, however, Administrative Courts provide outside control over
administrative activities.
The subject of this course is the rules of procedure applied by government
agencies as well as the ones governing the procedure in Administrative
Courts, and the forms of actions possible in such courts.
Topics of discussion are the powers of the police and the security agents of the State, their constitutional limits, competences, and the connections to the law of criminal procedure. Also part of the syllabus is the law of public assembly as an area where public security and democratic freedoms have to be balanced.
Prerequisites: Constitutional Law II, General Principles of Administrative
Law
Western economies are mostly leaned on private business. Nevertheless,
private business cannot operate without any restriction.
The subject of this course are the various provisions of the constitution
and of various administrative statutes that regulate business and commerce.
The syllabus for this class covers the principles of the administrative regulations for building and construction. It covers the regulations for individual construction projects and the process of granting approval for such projects as well as the procedures foe and limits to the enactment of zoning ordinances.
Prerequisites: Constitutional Law II, General Principles of Administrative
Law
Traffic infrastructure is essential to our mobile society. In Germany
it is provided for by the government. However, governments on all three
tiers (local, state, federal) have to work together to perform this service
effectively. Moreover, with increasing environmental concerns careful regional
planning is required. The legal framework for this process is examined
in this class.
All aspects of local government are discussed in this class. Starting from the constitutional guaranty for independent local government, the rights and obligations of the communities are examined. Government supervision over measures of local government, legislative powers of magistrates and the requirements of public services are focal points of ths syllabus.
Prerequisite: General Administrative Law
Civil servants (Beamte) are no ordinary employees. Public service calls for a special loyalty on the one hand, but for strong internal control on the other hand. Thus, public officials have a very special status, which has an express constitutional basis, and is regulated in some statutes in further detail. This system of regulation is examined in this class. Main topics are: the notion of "civil service" creation, and termination of the status of civil servants , rights and obligations of civil servants, remedies of civil servants against acts of their superiors.
Prerequisites: Constitutional Law I + II (knowledge of organization
of any state, and of fundamental rights in general should suffice), General
Principles Administrative Law.
This course provides an introduction to European Union law, including
recent developments in this area.
The syllabus covers the most important institutional questions (sources
of the law; application of community law in the member states without national
legislative adaption; the role of the Union in public international law;
jurisdiction of European Courts) as well as the basic elements of substantive
EU law.
Various questions of substantive European Union Law are discussed in the course of this class, with special reference to recent decisions of the European Court of Justice. Particular emphasis is laid on the protection of fundamental rights under the EEC treaty, and the problems related to the establishment of the European Union.
Prerequisite: European Union Law I
The system of regulating the competitive process under the laws of the
European Union is dealt with in this course. The focus is on cartels, the
scrutiny of enterprises dominating the market, and on the regulation of
mergers and acquisitons.
This course introduces students to the fundamental principles of constitutional law in the member states of the EU. The main issues are: the institutions of the state, fundamental rights, and the courts' constitutional jurisdiction. The different legal systems will be considered, with examples of current developments. The question underlying the entire course is whether there is a common body of European constitutional law.
There are few cases these days which do not have some international
element. Not only cross border transactions, but any legally relevant conduct
of people in a country other than the one of their citizenship poses the
question whether it is fair to assume jurisdiction over the case, or to
apply the law of the forum. This question is answered by the rules of a
field of law commonly referred to as Conflict of Laws.
The course examines the problems arising in international cases, and introduces
students to the principles and rules of conflict of laws developed and
employed in order to solve these problems.
Perequisites: Law of Obligations, Family Law, Succession
As the procedural counterpart to Conflict of Laws, this course provides an introduction to the particularities of litigating international cases. The focus is on fundamental questions such as jurisdiction over international cases (under national and European law), the applicable law for procedural questions, international judicial assistance, application of foreign law, recognition and enforcement of foreign judgments, and international arbitration. These principles will be explained in their application in various areas of the law.
Prerequisites: Civil Procedure, Law of Obligations, Family Law, Law
of Succession (knowledge of these areas of a different legal system should
suffice).
In its first part the course explains the rationale and importance of
comparative law, introduces the methods of this discipline, and outlines
the main legal systems in the modern world.
In a second part the methods are applied to examples taken from the law
of contracts, comparing the solutions for certain legal questions in different
legal systems.
Intellectual property rights are assets of paramount importance in modern economies. The course will explain the concept and essence of intellectual property and its status and importance as a part of our legal system. The preeminent types of intellectual property rights (Patente - patents, Gebrauchsmuster - utility models, Geschmacksmusterrechte - design rights, Warenzeichen - trade marks) are introduced as protected by German Law, and by European Conventions. Particular emphasis is placed on the importance of the protection of intellectual property rights under the EC Patent Convention as a step toward a European Union. Other important topics are the concurrence of civil and criminal sanctions, and the regulations of unfair competition under the competition law and the general Civil Code (BGB).
Prerequisite: Foreign students interested in this course should have some basic knowledge of the German Civil Code.
The process of transforming socialist societies into competitive economies,
that we witness in Eastern Europe now, is examined in this class. To guarantee
the necessary understanding students are introduced to the development
of the legal systems in the former communist countries. The theoretical
framework (Marx, Engels), but also historical roots from pre- communist
Russia are discussed. In a second part, the developments from the Russian
Revolution to the fall of the communist regimes is outlined. On this basis,
the creation of a new political as well as a new economical system is examined.
In this part, special emphasis is on Private Law. A last segment finally
analyses the possibilities of Western support for this process.
The structure and system of income taxation are explained (mainly by
discussing examples).
By discussing cases students are introduced to the system and structure of the taxation of business entities.
Prerequisite: Income Taxation
This course outlines the German social security system and its underlying principles, scrutinizes its ability to solve social problems and explores the relationship between the national social security system and the European Union as a "social" community.
Prerequisites: Constitutional Law I + II, General Principles of Administrative
Law
Students in this class will be provided with an overview over the law of social insurance, and a more thorough coverage of some areas of particular interest.
After some lectures outlining this area of the law, cases on health and accident insurance, retirement plans and unemployment insurance will be discussed. The other parts of the Sozialgesetzbuch (Code of Social Law) will be covered briefly.
Copyright Juristische Fakultät Regensburg 1996.
Last update: 1997-01-06 by Alexander Dinter.
letzte Bearbeitung: 30. April 2001
Bearbeiter: Nils Menninger
URL dieses Dokumentes: http://www.uni-regensburg.de/Fakultaeten/Jura/allgemein/studium/auslaend/auslor26.shtml