Courses summer semester Methodology of Jurisprudence 5 credits Tutorial 2h /SS Erasmus students can participate in 2nd semester Knowledge of Civil Law, Public Law and Criminal Law written exam Introduction to legal methodology with reference to intellectual history and constitutional law (with explanations using cases and examples) with mock exams at the end of the semester and the beginning of the next semester. Modern History of Private Law 5 credits Lecture 2h /SS 4th semester no prerequisites oral or written exam The course deals with the history of Roman private law in the Middle Ages and modern times and illustrates the correlation between law and the respective cultural epochs, covering medieval scholasticism, the renaissance, the period of enlightenment and the historicism of the last century. Furthermore the influence of Germanic and canon law and of independent developments are looked at. Legal Philosophy 5 credits Lecture 2h /SS 2nd semester no prerequisites oral or written exam Legal Philosophy examines the methodical-systematic general principles of law and jurisprudence. Centred around the correctness and justice of law the course looks at the law’s meaning and purpose, as well as its origin, nature and validity. The main questions of legal philosophy concern the establishment of positive law, the reasons for its effectiveness, justice and equality in the law and the purpose of law. Church Law and Church-State Relations 5 credits Lecture 2h /SS 2nd semester no prerequisites oral or written exam Church law and Church-State Relations are the subject matters of this lecture. The law on church-state relations governs the relations between the state and the churches as well as any other religious community from a state perspective. It is public law. The constitutional provisions, the principle of neutrality, the public law status of churches and religious communities as well as recent developments concerning freedom of religion or religious instruction at public schools will be examined in this part of the lecture. Church law on the other hand is the internal and autonomous law of churches and religious communities. This part of the lecture will mainly consider the foundations and constitutional principles of catholic and protestant church law. An overview of the internal law of other religious communities will be given. Civil Law Introduction to Civil Law II 12,5 credits Lecture 5h /SS 2nd semester Participation in the lecture 'Introduction to Civil Law I' oral or written exam For the content of this course: see winter-semester Introduction to Civil Law I. Tutorial to the lecture 'Introduction to Civil law II' 0 credits accompanying tutorial 2h /SS 2nd semester Participation in the lecture 'Introduction to Civil Law I + II' no exam - certificate will be awarded by regular attendance and collaboration Tutorial running parallel to the course 'Introduction to Civil Law II': The topics covered in the lectures will be repeated and supplemented, particularly by discussion of cases and examples in small groups and mock exams. Law of Succession 5 credits Lecture 2h /SS 4th / 6th semester Knowledge of Civil Law oral or written exam Introduction: the law of succession in the social and economic context, constitutional foundations and principles. Inheritance: transferability by succession of rights and duties. - Appointment of an heir: intestate succession and succession in accordance with a disposition of the deceased. - Exclusion from succession: disinheritance, unworthiness to inherit, renunciation of future inheritance. - Acquisition under the rules of the law of succession: acceptance of an inheritance, disclaimer of an estate. Instructions of the deceased: restriction by reversion or execution of a will, charging with testamentary gift or testamentary burden. - Contents and restrictions of a will: interpretation of wills, invalidity because of unconscionability, restrictions by rights to a compulsory share. Protection of the heir (claim to an inheritance, subrogation). - Protection of legal relations: certificate of inheritance. - Community of heirs. Liability of the heir for the debts of the estate. Non-contractual Obligations 7,5 credits Lecture 3h /SS 4th semester Basic knowledge of private law oral or written exam This is a special lecture on restitution, unjust enrichment and negotiorium gestio. All these fields are of particular importance in the theoretical context of the German Legal System. They are difficult to understand and highly controversial in theory and practice. Judicial Execution and Insolvency Law 7,5 credits Lecture 3h /SS 6th semester Participation in the lecture: 'Law of Civil Procedure' oral or written exam The course is aimed at advanced students who are already familiar with the trial procedure under the Code of Civil Procedure. The first part looks at the law of judicial execution. Prerequisites of execution, the various kinds of singular execution and the appeals against judicial execution will be discussed. In the second part of the course the basic principles of insolvency proceedings on the basis of the Insolvency Act which came into force in 1999 will be described. Collective Labour Law I 7,5 credits Lecture 3h /SS 6th semester Participation in the lecture: 'Labour Law I' oral or written exam Collective Labour Law is referred to as the regulations that give employees the possibility to participate in the regulation of their labour relations. This means that special coalitions (trade unions) or representatives who have been elected by the employees (works council, representatives of the employees in supervisory boards of companies) act on behalf of the employees. The union agreements and the agreements between works council and management thereby are the most important means of design. The lecture shall give a review of the legal basis and the coherences of Collective Labour Law. The first part will cover the law of collective bargaining and the fields of law connected with it (the right of association and the law of trade dispute). The second part presents the law of industrial relations that is the regulation of the employees’ co-determination in the business by establishing works councils. The third part attends to the corporate co-determination that is the co-determination of the employees in the organs of the company ( f. ex. the supervisory board of a German AG or GmbH). European and International Labour Law 2,5 credits Lecture 1h /SS 6th semester Basic knowledge of Labour Law oral exam The European and International legal basis are of increasing importance for the Labour Law. Looking only at the national legal systems delivers an incomplete insight into the coherences of the respective regulations. Particularly at the level of the European Community Law more and more directives interfere with the legal relationships of the parties involved in the labour relation. But also at the level of the Public International Law a series of legal norms, especially the European Social Charter and the conventions of the International Labour Organization (ILO), affect the Labour Law in the national legal systems. The lecture shall introduce these special sources of law and illustrate the interaction with the national legal systems. Furthermore, the lecturer will give a review of the contents of the most important regulations. Safeguarding of Credits Law 5 credits Lecture 2h /SS 4th semester Knowledge in Civil Law oral or written exam The safeguarding of credits is a practical very important and examinable cross section band of law, that is indeed characterized by a clear focus on the interests in property - insofar the lecture conduces also to the addition and improvement of the knowledge in this field of law, which basic principles are as well required- but at the same time bear relation to other fields of law such as beside the doctrine of legal transactions and the law of obligations especially to the insolvency law. Interesting and as well difficult is the safeguarding of credits law due to the interaction between the lien regulated by law on the one hand and the securities which were developed by practice of contract on the other; this however will form the construction of the lecture. After an introduction of the main principles of that field of law the most important personal securities (suretyship, guarantee, collateral promise), the physical securities of movable properties and claims (pledge, retention of title, chattel mortgage) and the securities of immobile properties (mortgage, land charge) will be discussed. The dealing of the topic takes the current jurisdiction into consideration, supportingly numerous of well known cases will be illustrated. Commercial and Company Law 7,5 credits Lecture 3h /SS 4th semester Knowledge of Civil Law oral or written exam Commercial law is the specific private law of businessmen, that is to say the sum total of rules relating only to them. These rules are different from the general rules of private law, they concern i.e. the register of companies, agencies and commercial sales. 'Businessmen' in the context of these rules are traders with special qualifying characteristics. Conversely commercial law is not linked to the company as an organisational unit. Companies are associations of individuals which as such qualify as traders. Capital Corporate Law I 5 credits Lecture 2h /SS 6th semester Knowledge in Commercial and Company Law oral or written exam Legal fundamentals regarding the law of Ltd and joint stock company: term and essence; formation; internal organization, legal relations participation, termination; future prospects of EULaw and international civil law, commutation, group law. In-depth lecture Commercial and Company Law 5 credits Lecture 2h /SS 6th semester Knowledge in Commercial and Company Law oral exam The student’s knowledge acquired during the introductory lecture is - inductively supported by case studies – extended. Prerequisite for participation is a prior attendance of the introductory lecture 'Business and Corporate Law'. Law of International Trade 5 credits Lecture 2h /SS 6th semester Knowledge in Commercial and Company Law oral exam This lecture deals with the relevant aspects of international private law for the international trade, e.g. contracts, product liability, competition law, security of credit, company law and the European and International Uniform Law. In that context, a focus is set on the CISG. Furthermore, other approaches to unify the law of international trade are discussed, e.g. the UNIDROIT Principles of International Commercial Contracts, the International Law of Standard Terms (e.g. INCOTERMS), and finally, the International Commercial Arbitration. International Law of Civil Procedure 2,5 credits Lecture 1h /SS 6th semester Knowledge in Civil Procedural Law oral exam This lecture looks at the regulations of the European Community in the area of international law of civil procedure, for instance: - Brussels I Regulation (Civil and trade causes) - Brussels II Regulation (Matrimonial and child custody causes) - Regulation on delivery - Regulation on taking evidence abroad - Regulation on insolvency Criminal Law Introduction to Criminal law II 5 credits Lecture 2h /SS 2nd semester Participation in the lecture: 'Introduction to Criminal Law I' oral exam The lecture gives an introduction to elements of the General Part of the German Criminal Code (actus reus and participation in a crime, omission, negligence, concurrence, award of punishment) and a first referral to the Special Part of the German Criminal Code. Tutorial to the lecture: 'Introduction to Criminal Law II' 0 credits accompanying tutorial 2h /SS 2nd semester Participation in the lecture 'Introduction to Criminal Law I+II' no exam - certificate will be awarded by regular attendance and collaboration Continuation of the Tutorial I from the winter semester. Tutorial running parallel to the course "Introduction to Criminal Law II": The topics covered in the lectures will be repeated and supplemented, particularly by discussion of cases and examples in small groups and mock exams. Law of Criminal Procedure II 5 credits Lecture 2h /SS 6th semester General knowledge of Criminal Law and State Law oral or written exam Main trial and the essentials of taking evidence are being explained. Remedies, especially cassation, with all the elaborated doctrinal implications will be discussed. At an irregular basis original case files are introduced and used as a basis for moot-court proceedings, played by the students. Seminar / Colloquium on Offences against Tax Law and the related Criminal Procedure - 5 / 7,5 credits 2h /SS 6th semester Knowledge in Criminal Law oral exam or brief paper General problems regarding criminal law and criminal procedural law relevant to the law regarding fiscal offences and -procedural law - General part of offences against tax law - Specific problems in the field of offences against tax law (main topic: tax evasion - Specific problems in the field of criminal procedure concerning offences against tax law The colloquium entails lectures encouraging discussions including independent contributions of students, e. g. in the form of brief presentations. Criminology II 2,5 credits Lecture 1h /SS 6th semester no prerequisites oral exam Intensive studies on selected fields, especially methods of empirical research, penology and juvenile criminality. International and European Criminal and Criminal Procedural Law 10 credits Seminar 2h /SS 6th semester seminar thesis and oral presentation Different national systems of substantive criminal law in Europe are being displayed and compared with the German system as well as some non-European legal systems. In a similar way penal procedure law is treated. European legal sources on the prosecution of crime within the EU or Europe are presented. After that possibilities and problems of inner European prosecution are being discussed. Public Law Public Law 10 credits Lecture 4h /SS 2nd semester no prerequisites oral or written exam The course offers an introduction to public law and deals mainly with the structure and position of the constitutional institutions, the basic principles of the electoral system and the law relating to political parties; furthermore the fundamental provisions of the Basic Law relating to the structure and the aims of the state, the distributions of competencies and the legislative process are covered. Introduction to German Constitutional Law II - Fundamental rights 5 credits Lecture with tutorial for Erasmus- and LL.M. students 2h /SS 2nd semester no prerequisites oral exam The lecture will mainly focus on the basic human and german rights enacted in Art. 1 – 19 GG. An introduction into the common principles governing the application of those will be followed by an in depth analysis of the content of certain basic rights (e. g. Menschenwürde, Handlungsfreiheit, Versammlungsfreiheit etc.). The lecture is concluded by an oral examination of about 15 minutes per candidate. Handouts will be available on the internet and via e-mail. Law of Administrative Procedure 5 credits Lecture 2h /SS 4th semester Knowledge of the principles of public law oral or written exam Illustration of the structure of an action in administrative law with emphasis on the typical procedural and legal issues. Emphasis is placed on the various types of action in administrative law, the delimitation of public and private law litigation and the necessity of a violation of the plaintiff’s personal rights to create an admissible claim. Law of State Compensation 5 credits Lecture 2h /SS 4th semester Knowledge of the principles of public law oral or written exam The course deals with the instruments of the reaction of public law to breaches of the relevant provisions of public law by public bodies. Examples are used to illustrate claims to forbearance or elimination, elimination of consequences and compensation according to the principles of public liability. Police Law 5 credits Lecture 2h /SS 4th semester Knowledge of General Administrative Law oral or written exam Introduction to police law as one branch of special administrative law. The course deals mainly with the structure and responsibility of police authorities as well as their tasks and powers of intervention. Both the unlisted actions of the police and those which are listed as standard measures will be discussed starting from the comprehensive clauses of paras. 1 and 9 of the Police Code of Rhineland-Palatinate. Emphasis is placed on the principle of proportionality as the most important limit of police actions under the rule of law. The historic origins and development of police law will also be dealt with. Introduction to Social Law and Social Security Law 5 credits Lecture 2h /SS 6th semester no prerequisites oral exam This lecture deals with the terminology and sources of law regarding social law, the importance of the constitution in respect to social law, the general rules applying to social security law (SGB I, IV), as well as legislation referring to compulsory health insurance (SGB V). Further topics are administrative procedures from a social law perspective (SGB 10), and the status of legal protection within the social law (SGG). The principal of benefit in kind is the focus of health insurance law (SGB V) and the law regarding fund doctors poses as an example for the provision of performance law. International and European Environmental Law 5 credits Lecture 2h /SS 6th semester Knowledge in Environmental Law oral exam In dealing wit European Environmental Law, this lecture class will cover the relevant legislative powers of the EC, the requirement for integration of environmental protection aspects in other policy areas and current issues raised by EC secondary environmental law. The portion of the class dedicated to International Environmental Law will deal with customary international law principles on state responsibility for transboundary pollution, the international climate protection regime, international control of hazardous waste, protection of biodiversity and the role of environmental protection in WTO law. Water and Nature Conservation Law 5 credits Lecture 2h /SS 6th semester Knowledge in Environmental Law oral exam Detailed information concerning the content of this lecture will be available soon. Technical Law 2,5 credits Lecture 1h /SS 6th semester no prerequisites oral exam This lecture gives an introduction to the law of technical safety. It intends to point out the special structure of regulations in this field of law where state laws are complemented by private technical rules (engineering rules). This is exemplified by selected laws, i.e. „Geräte- und Produktsicherheitsgesetz“ (Product Safety Law). A strong focus will be on legal problems concerning technical standardization both on a national and a European level. Special areas of European Law 5 credits Lecture 2h /SS 6th semester Knowledge in European Law oral exam The topic of this lecture are the fields of politics in the European Union. Special areas of Public International Law 5 credits Lecture 2h /SS 6th semester Knowledge in Private International Law oral exam This lecture presents and provides closer insight to special areas of Public International Law. Particularly the following areas can be considered: - Human Rights Protection - The Law of the Sea - International Criminal Law - Humanitarian Law Tax Law Balance Tax Law and Corporation Income Tax 5 credits Lecture 2h /SS 6th semester Participation in the lecture: "Income and Balance Tax Law" oral exam 1. Balance Tax Law (see Balance and Income Tax Law in WS) 2. Corporate Income Tax: deferral principle and double taxation, subjects of Corporate Income Tax, investigation and disposition of income, disguised dividends and disguised deposits, loss deduction, tax group, liquidation. International Company Tax Law 5 credits Lecture 2h /SS 6th semester Participation in the lecture: "Basic Principles of International Tax Law" oral exam 1. Basic principles of international taxation of companies: alternatives of action, sources of law and terminology, incidence and avoidance of international multiple taxation and taxation deficit, tax law under domestic and international law. 2. Foreign direct transactions of German companies: types, treatment in the foreign source country and the domestic country of residence, influence of Double Taxation Conventions. 3. Foreign permanent establishment of German companies: the terms permanent establishment and representative, distinction of results between the domestic parent company and the foreign permanent establishment. 4. Foreign partnerships with a German partner: international conflict of qualifications, concept of partnership or joint stock company, remuneration of partnerships. 5. Foreign joint stock company with a German partner: dividend payout, adequacy of transfer prices of combines, base companies in low tax countries.