Die 'Berücksichtigung' von Eingriffsnormen im deutschen und englischen internationalen Vertragsrecht

The question of whether or not civil courts can and have to 'consider' so-called 'overriding rules', in particular those of other countries, when making their decisions, and if so how and on what conditions, continues to be one of the most talked about and controversial subjects in the international conflict of laws, and above all in the international law of contractual obligations. Based on a detailed study of the terminological, dogmatic, systematic and legal principles of the 'overriding rules problem' from the standpoint of German law, Mathias Kuckein uses the insight gained from this as a 'tool' for a critical analysis and evaluation of current English law, and in doing so discusses the English decisions and if necessary offers different solutions.