SP 5: German and International Civil Procedure Law
Professor Heese, together with Professor Althammer, offers courses for the specialisation area of German and International Civil Procedure Law (SP 5). The seminars run by the two chairs are also primarily aimed at students of this specialisation area, but are open to all other interested students as well.
Why choose this specialisation in particular?
SP 5 is the specialisation area with by far the greatest overlap with the compulsory syllabus for the First and Second State Examinations in Law. No other specialisation prepares you anywhere near as well for these two State Examinations and subsequent litigation practice! Thanks to its distinctly international focus, which is particularly evident in the lectures on IZVR / EuZVR and arbitration law, it is also by far the most interesting specialisation area at our faculty.
Examination procedures and course topics
Please refer to Sections 49 to 69 of the Study and Examination Regulations (external link, opens in a new window) regarding the examination procedure. The examination syllabus for SP 5 is as follows:
- Advanced study of German civil procedure and law of enforcement (2 SWS)
- International and european civil procedure law (3 SWS)
- Arbitration law (2 SWS)
- Conciliation and mediation (1 SWS)
- Main Features of Insolvency Law (2 SWS)
- Introductory seminar and advanced seminar (4 SWS)
Members of the teaching staff for the specialisation
The modules in this specialisation are taught by:
- Professor Dr Christoph Althammer
- Professor Dr Michael Heese, LL.M. (Yale)
Supported by practitioners:
- Honorary Professor Dr Christian Seiler, VRiOLG
Overview of the subject matter covered in this specialisation: What do the individual modules cover?
Lecture: Advanced Course on the Code of Civil Procedure I and II
This lecture revises the material covered in the compulsory lectures ZPO I (contentious proceedings) and ZPO II (law of enforcement) and explores selected topics in greater depth. As such, the lecture is not only intended for students specialising in Area 5, but is also aimed at all students who wish to revise the compulsory course material and broaden their understanding of it.
Lecture: IZVR / EuZVR
This lecture deals with cross-border legal disputes and provides the necessary knowledge in the areas of international jurisdiction, international service of process, the effects of foreign proceedings in Germany, international evidence law, and the recognition and enforcement of foreign judgments. In addition to European civil procedure law, with its numerous EU legal acts, the lecture places particular emphasis on transatlantic litigation and the so-called ‘conflict of jurisdiction’ with the USA.
Lecture: Arbitration Law
The lecture covers the fundamentals of arbitration law, arbitration proceedings in the strict sense, the enforcement and setting aside of arbitral awards, arbitration proceedings in specific areas (labor law, company law, patent law and insolvency law) and international arbitration law, using the examples of international commercial arbitration, international sports arbitration and international investment arbitration.
Lecture: Conciliation and Mediation
This lecture examines the Consumer Dispute Resolution Act (VSBG), which came into force in 2016 and provides for the establishment of out-of-court dispute resolution bodies to deal with disputes between consumers and businesses arising from sales contracts or service contracts. The course will focus in particular on the relationship with (mandatory) substantive consumer protection law. Furthermore, the differences between this approach and mediation, as a traditional dispute resolution procedure, will be outlined.
Lecture: Main Features of Insolvency Law
Insolvency law became part of SP 5 with effect from 1 April 2022 as the lecture ‘Main Features of Insolvency Law’ (2 SWS). The lecture provides a general overview of insolvency law, including the pre-insolvency stabilisation and restructuring framework that came into force in 2021, but focuses primarily on substantive insolvency law. The central question is how insolvency law and its collective distribution mechanism affect the legal position of all parties involved:
What is the legal position of ordinary creditors in the event of their debtor’s insolvency? How does this differ from the legal position of holders of credit security? And how, in turn, does this differ from the legal position of creditors who establish their claims after the opening of insolvency proceedings? What happens to pending contractual relationships if one of the parties becomes insolvent? What rights can still be acquired in respect of the debtor’s assets after insolvency proceedings have been opened? What are the implications of the opening of insolvency proceedings for law of enforcement and the individual enforcement of rights? Can assets that the debtor had set aside during the crisis be recovered? By what means can the debtor be released from their liabilities with the help of insolvency law?
The lecture ‘Main Features of Insolvency Law’ thus ties in directly with the compulsory course material and examines the implications of insolvency law for general law of obligations, property law, and law of enforcement. Whilst, for example, the creation of loan security is governed by property law, its true value is only demonstrated under insolvency law. Anyone wishing to understand the law of loan security must therefore also understand insolvency law. As such, the lecture is not only intended for students specialising in Area 5, but is also aimed at all students who wish to revise the compulsory course material and broaden their understanding of it.
