German Legal History

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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.
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