Law

The articles take the 125th anniversary of the German Civil Code as an opportunity to take stock in a self-critical manner. From different perspectives, they take a look at codification on the one hand and the relationship between academia and the law on the other.

The parent company of a joint venture can be both a shareholder and a competitor. This dual role leads to tensions between structural and behavioural control as well as between antitrust and company law, particularly in the case of a minority shareholding. Lucia Oegel investigates to what extent antitrust limits the exercising of shareholder rights.

Intra-party democracy is intra-party competitive democracy. German constitutional democracy can be described as a system of a competitive aggregation of interests. The German Basic Law incorporates this concept of competitive democracy into political parties; it shapes their decision-making processes and aims to establish the basis for free and equal intra-party competition. In his thesis, the author deals with the question of whether or not this actually works.

In biomedical law, a complex subject of regulation meets a legislature that has long remained inactive. Elisabeth Kaupp examines the resulting tension between fundamental rights, medical progress, outdated law, and judicial development of the law. Demonstrating the fractures that emerge within the structure of the rule of law, her study calls into question core constitutional principles.