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Judicial lawmaking in a civil law system: Evidence from German labor courts of appeal [PDF]

open access: yes, 2002
According to economic analysis, common-law courts resolve individual legal disputes and create new, judge-made law. In this article, I study both functions in a civil-law context by analyzing data for nine German labor courts of appeal (Landesarbeitsgerichte) in the period 1980-1996.
Schneider, Martin
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Alternative obligation in civil law: German and Russian regulatory experience

Civil Law Review, 2022
The article analyzes the classical theory of alternative obligations developed by German civil law doctrine, including the origin of this theory and issues related to its structural elements. Particular attention is paid to the functions of the alternative obligation and their influence on the formation of the classical model of the alternative ...
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European Directives on Civil Law The German Approach: Towards the Re-codification and New Foundation of Civil Law Principles

European Review of Private Law, 2002
The harmonisation of law by means of directives is increasingly assuming the role of creating a common market in Europe, principally by means of civil and business law. This paper will briefly trace this legislation. In addition, the Reformed German Law of Obligations Act of 2002 (Schuldrechtsmodernisierungsgesetz) is to be examined, which reintegrates
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German airport regulation: Framework agreements, civil law and the EU Directive

Journal of Air Transport Management, 2012
Abstract Commentators have argued that German airport regulation lacks independence and an economic focus. They have recommended UK-style price control. However, framework agreements and civil law cases deserve more consideration than they have hitherto received.
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Free will: reconciling German civil law with Libet's neurophysiological studies on the readiness potential

Behavioral Sciences & the Law, 2007
AbstractThe free will debate widely exceeds the neuroscientific and philosophical fields due to profound implications for legislation, case law and psychiatric expert opinion. Data from Benjamin Libet's experiments on the readiness potential have been used as an argument against personal responsibility and for changes in the law.
Wolfram, Kawohl, Elmar, Habermeyer
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Some Legal Aspects of Civil Law According to German Civil Law (Comparative Analysis)

DAVID AGHMASHENEBELI UNIVERSITY OF GEORGIA SCIENTIFIC JOURNAL „SPECTRI“, 2022
Ia Kharazi, Ani Damenia
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Blockchain Tokens From the Perspective of German Civil Law: An Updated View

SSRN Electronic Journal, 2020
Tokens are increasingly being generated on the basis of blockchain technology, which are intended to embody certain rights and obligations as cryptographically secured electronic coupons or digital coupons or vouchers . This paper provides an overview of the current state of affairs and the legal discussion of recent years and examines the extent to ...
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Disciplinary Law Governing the Federal Civil Service in the German Federal Republic

Progress in Public Administration, 1956
by Yves ChapelThe author underlines the historical significance of the Allgemeine Landrecht fur die Preussischen Staaten, a piece of legislation that, in 1794, officially instituted the change from a Civil Service that was in the personal service of the Prince to a Beamtentum which was to serve the State and be governed by Public Law.
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German Constitutional Law: The Protection of Civil Liberties

German Studies Review, 2001
D. R. Dorondo   +2 more
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