Law

This collection of essays deals with the legal rules of Germany's »Vertrag zu Rechten Dritter«, which gave rise to the introduction in England and Wales of the Contracts (Rights of Third Parties) Act in 1999 and ended the need to use trust law.

Victor Jouannaud examines the scope of judicial law-making in private law from a constitutional perspective. He adopts a differentiated approach, according to which the need of a statutory basis is greater and the limits of judicial law-making are stricter when private law serves regulatory purposes and thereby sets limits on fundamental rights than when the focus is on balancing the interests of two private parties.

Whether a smartphone or a car, manufacturers often retain digital access - that they can then use to deactivate the product after it has been sold or rented out. Nicolas Sander shows the extent to which ownership protects those affected by such blocking tactics.

After the epochal change of 1918/1919, a wave of codification began in the new states of Central Eastern Europe. However, the penal codes drafted during this period fell into oblivion after 1945. The contributions gathered in this volume analyse these interwar codes and reveal surprising perspectives on transnational networks of experts.