Published in English.
The German Association of Comparative Law presents in this volume the German contributions to the 21st International Congress of Comparative Law 2022 in Asunción (Paraguay) organised by the International Academy of Comparative Law. One main topic of the congress is the digitalization and its legal, social and economic consequences, including the phenomenon of hate speech, smart contracts, streaming and artificial intelligence accountability of public administration. A further set of papers refers to climate change and bioethics. Several contributions deal with classical topics of comparative law from a more contemporary perspective, such as access to justice, emergency law, force majeure, and the rule of law. The volume provides an overview of the state of discussions within German legal scholarship.
Survey of contentsHelmut Aust: The Revival of the Rule of Law Issue. A View from Germany - Olaf Meyer: Soft Law. Its Place, Potential and Prospects in German Law - Stefan Grundmann: Globalisation et pluralisme juridique. Globalisation and Legal Pluralism. Orders of Pluralism and Rights - Anna Kaiser: Global threats and global emergencies: legal reactions - Christoph Benicke: The protection of the adult and respect for his/her autonomy – German National Report - Martin Ebers: Civil liability for autonomous vehicles in Germany - Ivo Bach: The impact of the force majeure on contractual obligations - Beate Gsell/Ann-Kristin Mayrhofer: Access to Justice and Costs in Germany - Felix Maultzsch/Stefan Klingbeil: Contractualisation of civil litigation - Birgit Weitemeyer: The social enterprise: a new form of the business enterprise? - Urs Peter Gruber: Alternative dispute resolution mechanisms in the enforcement of security interests and insolvency - Jens-Hinrich Binder: Cryptocurrencies – Country Report: Germany - Christina Möllnitz: Legal perspectives on the streaming industry in Germany - Stephan Hobe: The legal regulation of drones under German Law - Eva Ellen Wagner: Freedom of Speech and Regulation of Fake News – National Report for Germany - Nikolaus Marsch/Sofia Fölsch Schroh: Artificial Intelligence Accountability of Public Administration - Hermann Pünder: Administrative silence in German Law - Hanno Kube: Fiscal policies to mitigate climate change – National Report Germany - Brian Valerius: Criminalization of hate speech - Anne Schneider: Limits of freedom of public authorities with respect to obtaining evidence at the stage of investigation - Sören Segger-Piening: Extraterritorial application of statutes and regulations in Germany - Wolfgang Wurmnest: Localising the Place of Damage in Private International Law – German Report - Thomas Riehm: Specialized Commercial Courts and Their Role in Cross-Border Litigation – German Country Report - Martin Fries: Smart contracts - Bettina Weißer: The Law and Bioethics of End-of-Life Decisions in Germany