Yearbook 2006

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The Max Planck Institute for Foreign and International Social Law investigated the core elements of the Dutch health insurance reform, which entered into force at the beginning of 2006. The institute conducted its research with a special view to the reform’s transferability to German law. Main points of emphasis were competition enhancement and financing, which are of particular relevance from the German perspective. more

Jurisdiction in a medieval town

Max Planck Institute for European Legal History Colli, Vincenzo; Lepsius, Susanne; Wetzstein, Thomas
A project on the practice of adjudication in European cities of the late Middle Ages focussed on the long-neglected practice of civil adjudication. The abundantly surviving court documentation testifies many common features throughout Europe, manifest in common techniques of record-making, in the court proceedings and not to the least in the high potential to pacify conflicts through judicial conflict resolution. more
In June 2006, the Max Planck Institute for Comparative and International Private Law has held the First Max Planck Postdoc Conference on European Private Law where 18 young scholars from various European countries presented and discussed the propositions of their respective Ph.D. thesis. The subjects ranged from the law of obligations to private international law and company law to civil procedure, labor and environmental law. This conference has carried forward the successful series of the “Habilitandenkolloquien”, organized by the institute since 1999 and expanded the group of participants to young scholars from across Europe. more
A research project at the Max Planck Institute for Comparative and International Private Law analyzed why and how US American corporate law is received in Germany. In a historical perspective the researcher pointed out the functional interdependence between those points in which German lawmakers decided to follow a different course than that prevailing in the US, i.e. stock exchange regulation, antitrust, supervision of capital markets, labour codetermination and conflict of corporate laws. Finally, he delved into the specific problems of interpreting and applying corporate law that has been transplanted from a US American context. more
In cooperation with the French Institut International de Paris La Défense (IIPLD), the Afghan Supreme Court and Ministry of Justice, the Heidelberg-based Max Planck Institute for Comparative Public Law and International law conducts fair-trial workshops in Kabul. In one of the official Afghan languages (Dari) and using a manual developed at the Institute, lecturers educate Afghan judges, prosecutors and attorneys on fair trial standards in the Afghan Constitution and Afghan criminal law. more
What effect do criminal sanctions and prison terms have on the development and self-perception of juvenile xenophobic criminal offenders? During the 1990s, a large scale flaring up of violent hate motivated crimes, carried out by young right-wing and xenophobic men, fell within the direct spotlight of research into violence and criminological policy. Hate crimes designate a set of criminal offences which are committed against those who, because of certain social characteristics such as religion, ethnicity, disability or sexual orientation, are labelled as belonging to another social group. more
To achieve its goals of promoting creativity copyright law has to rely on market inventives. Therefore, copyright law is intrinsically intertwined with competition policy. Economic and legal writing so far has discussed the relationship of copyright and competition only in the light of the patent paradigm by referring to a dynamic concept of competition meant to promote innovation, or it only applied a static concept of competition based on a purely output and price-oriented analysis. Recent discussions on the Recommendation of the European Commission on the management of online-rights in musical works caused the Institute to work on a creativity-enhancing competition policy which might also be applied to other current problems in the field of copyright. more
Intellectual property law aims at promoting innovation and creativity. This object requires a secure legal framework not only for the protection of intellectual property, but also for contracts about these rights, especially licensing contracts. However, clear-cut rules on licensing contracts are missing on a national and an international level. In order to develop a consistent body of intellectual property contract law in Europe, the legal systems of the EU member states are studied comparatively in that respect. more
There is a multitude of reasons for valuation of Intellectual Property. Substantial disagreement exists with respect to the question how such a value finding process should be carried out. A project at the Max-Planck-Institute for Intellectual Property, Competition and Tax Law aims at illuminating fundamental issues of Intellectual Property valuation, examining the suitability of Intellectual Property valuation models and developing alternative valuation approaches. more
The Real Estate Investment Trust (REIT) is a tax transparent real estate investment vehicle. For a long time players in the financial and real estate markets have been requiring its introduction to Germany. To avoid tax losses of the German tax authorities, the German legislator demands to secure taxation at shareholder level. In this context, problems are caused especially by the existing double taxation agreements and the EC Parent Subsidiary Directive. Thus, the jurisprudence is called upon to analyse the methods of resolution proposed and present own solutions, in order to assist the German legislator in his further decisions. more
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