Law

Silvia Deuring proposes a relative concept of incapacity, aligning legal protection with personal autonomy. She demonstrates the need to reform §§ 104 No. 2 and 105 BGB (German Civil Code) and introduces a consent-based model balancing protection and self-determination.

Samy G. Sharaf explores how corporations and associations can legally include principles and values in their articles of association, who decides on such changes, and what effects, limits, and opportunities this kind of value commitment entails under (German) company law.

Damage quantification in collective redress remains an underexplored yet crucial issue. Focusing on judicial estimation and statutory damages, Rhea Dittmann's work argues for a departure from case-by-case damage calculation and explores efficient solutions for mass claims.

Although the European Convention on Human Rights does not contain any social rights, the European Court of Human Rights regularly rules on complaints concerning social benefits. Yannick Vincent Schoog analyzes the protection of social benefits in the case law of the ECtHR, exploring the relationship between the greatest possible protection for citizens' social benefits, the budgetary sovereignty of states, and the consistent application of human and fundamental rights. The study also takes a comparative look at the case law of the Federal Constitutional Court and the European Court of Justice to deliver a comprehensive overview of the protection of social benefits in the European multi-level system between Strasbourg, Karlsruhe and Luxembourg.