AGB-Reform und Rechtsflucht 978-3-16-160652-6 - Mohr Siebeck
Law

Antonia Sommerfeld

AGB-Reform und Rechtsflucht

Bedeutung der Rechtsflucht für die AGB-Reformdebatte im unternehmerischen Rechtsverkehr

[Reform of the Law on Standard Form Contracts and Legal Flight. The Significance of Legal Flight for the German Reform Debate in Commercial Contracts.]

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ISBN 978-3-16-160652-6
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Published in German.
Do German businesses flee to foreign legal systems through choice of law in their commercial contracts because of the national law on standard form contracts (AGB-Recht)? Should the German law therefore be liberalised? In the ongoing reform debate surrounding this issue, the risk of legal flight is emphasised. But how significant is it? Which companies would benefit from a liberalising reform and which would be harmed? And what does this imply for the design of the German law on standard form contracts? Antonia Sommerfeld examines these questions and provides important insights for the debate. She shows that the influence of the law on standard form contracts as a trigger for legal flight is overestimated and that an increased choice of German law in commercial contracts cannot be achieved by reforming the law on standard form contracts alone.
Do German businesses flee to foreign legal systems through choice of law in their commercial contracts because of the national law on standard form contracts (AGB-Recht)? Should the German law therefore be liberalised? In the ongoing reform debate surrounding this issue, the risk of legal flight is emphasised. But how significant is it? Which companies would benefit from a liberalising reform and which would be harmed? And what does this imply for the design of the German law on standard form contracts? Antonia Sommerfeld examines these questions and provides important insights for the debate. She shows that the influence of the law on standard form contracts as a trigger for legal flight is overestimated and that an increased choice of German law in commercial contracts cannot be achieved by reforming the law on standard form contracts alone.
Authors/Editors

Antonia Sommerfeld Geboren 1991; Studium der Rechtswissenschaft in Hamburg und Aix-en-Provence (Frankreich); 2017–21 Wissenschaftliche Assistentin am Max-Planck-Institut für ausländisches und internationales Privatrecht in Hamburg; Forschungsaufenthalt an der University of Cambridge (Wolfson College); Lehraufträge an der Universität Hamburg und der China University of Political Science and Law, Peking (China); seit 2020 Juristischer Vorbereitungsdienst am Hanseatischen Oberlandesgericht Hamburg.
https://orcid.org/0000-0002-9495-6032

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