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Table of contents
If the date on the title page is the earliest known date, then this date is to be adopted as the date of publication of the work unless there is evidence that the work, or part of the work, was indeed published later. If the earliest date known is the year only, then it is assumed that the work was published on the last day of that year, as stated in article This is particularly true for journals publishing reviews of works. Nevertheless, the earliest dates reported in this study, if earlier than on the title pages, should be considered as dates of publication until better dating can be found.
This section provides information relevant to the work such as alternate title pages, subsequent editions, translations, Commission actions, etc. Books issued in parts are often detailed, with the date of publication of each part, in this section. Subsequent editions that contained new or significant taxonomic information may be cited separately. A number of libraries were visited during this study to consult books in order to provide accurate title and other relevant information.
In addition, several books were consulted using digital databases available on the Internet. They are referred to in the text by the following abbreviations. NCSU D. Dates of publication were obtained from the works themselves or from secondary sources, such as published contemporary notices or reviews, advertisements in recording journals or other books, and published lists of works received by societies or institutions.
Dates found from secondary sources are followed by the abbreviated title of the journal or the society name. The abbreviations used are:. Academy : The Academy. Allg Bibl : Allgemeine Bibliographie. Title varies over years. Athenaeum : The Athenaeum. Athenaeum—Prague : Athenaeum. Author : The Author. Bibl Deutsch : Bibliographie von Deutschland [Leipzig: —]. Bibl Univers : Bibliographie Universelle. Muquardt [Bruxelles: —]. Title varies over time. A retrospective volume published in by Peddie and Waddington covers the years — The first volume covers the years — Humboldt : Humboldt.
Intell Serapeum : Intelligenz-Blatt zum Serapeum. Isis : Isis von Oken 7 [Leipzig: —]. Isis Lieb : Isis. Isis Natuur : Isis. Tijdschrift voor Natuurwetenschap [Haarlem: —]. Landes-Industrie-Comptoirs [Weimer: —].
Muquardt [London: —]. Nation : The Nation. Nature : Nature. Neue Helvetia : Neue Helvetia. Poligrafo : Poligrafo. Giornale di Scienze, Lettere ed Arti [Verona: —]. Polybiblion : Polybiblion. Rev Bibl-Par : Revue Bibliographique. Rev Zool : Revue Zoologique [Paris: —]. Salzb Intell : Salzburger Intelligenzblatt [Salzburg: —]. The search for publication dates through these journals was done mainly using Google Books. This process has its limitations. For example, some pages are poorly scanned and unreadable, others are simply missing, and sometimes whole issues of the journal are missing.
Nevertheless, this digital database has many rare or difficult-to-find journals useful for dating books. I thank Neal L. Evenhuis, Miguel A. Low for providing information relevant to this project and for reviewing the manuscript. This book was published anonymously. Bertau : credited it to Johann Samuel Halle [—], a Prussian historian and toxicologist, professor of history at the Royal Prussian Corps des Cadets in Berlin. The Coleoptera are on pages — Marius Olive, Marseille.
Camoin, Marseille. In two volumes. Illustrated with seventeen elegant engravings. Joseph Mawman, London. Section XV of the second volume pp. Von Joseph Acerbi. Die Kaefer. Zum Gebrauche beim Unterrichte und zum Selbstbestimmen. The section on Pentamera and Heteromera pp. Avec figures. The entire series consists of four volumes, —, treating the vertebrates and the Insecta. Despite the title, it is evident from the avant-propos that Acloque did not mean to designate type species for the genus-group taxa treated in the sense of the Code.
The following genus-group names are made available in this work: Eudromius p. The new family-group names Ilybii p. Notes from a journal of research into the natural history of the countries visited during the voyage of H. Samarang , under the command of Captain Sir E. Belcher, C. Samarang, during the years —46; employed surveying the islands of the eastern archipelago; accompanied by a brief vocabulary of the principal languages.
Published under the authority of the Lords Commissioners of the Admiralty. With notes on the natural history of the islands, by Arthur Adams, assistant-surgeon, R. Reeve, Benham, and Reeve, London. The entire work was published in two volumes, issued simultaneously. Two new species of beetles are described in the second volume, Bolboceras koreensis p. As noted by Petit : 91—92 there was a lengthly review of this book in The Athenaeum for 25 December by W.
Clearly Dixon was furnished with a review copy. To which are appended directions for collecting and preserving. John van Voorst, London. Nomenclator zoologicus, continens nomina systematica generum animalium tam viventium quam fossilium, secundum ordinem alphabeticum disposita, adjectis auctoribus, libris in quibus reperiuntur, anno editionis, etymologia et familiis, ad quas pertinent, in variis classibus. Fasciculus XI. Continens Coleoptera.
Recognovit permultisque nominibus locupletavit Guil. The entire series consists of 12 fascicles, — The first 11 pertain to classes or orders, the 11th being on Coleoptera ; the 12th is the Index Universalis see next entry. Nomenclatoris zoologici. Index universalis, continens nomina systematica classium, ordinum, familiarum et generum animalium omnium, tam viventium quam fossilium, secundum ordinem alphabeticum unicum disposita, adjectis homonymiis plantarum, nec non variis adnotationibus et emendationibus. Another edition, 12mo, was published in and contains pages.
According to Evenhuis a : 52 , there are no apparent differences between the two editions other than page size and pagination. The work includes numerous unjustified emendations of generic names. Fauna Insectorum Europae. Fasciculus primus. Ahrens published the first fascicle, Germar and Kaulfuss the third one, [ q. Rautenberg : — gave a list of all species illustrated on the plates for the 24 fascicles.
The publisher and place of publication are not listed on this booklet and the pages not numbered. The species described, all Tenebrionidae , are: Trigonoscelis elegans Turkestan [p. Volume XXI. Tome I — Texte — 1 re partie. Imprimerie Nationale, Paris. The entire Histoire physique, naturelle et politique de Madagascar was issued in 57 fascicles, forming 39 volumes, —, first under the direction of Alfred Grandidier, —, then Alfred and Guillaume Grandidier, —, and finally Guillaume Grandidier, — This work contains a list of beetles, with localities, known from Madagascar and nearby islands.
One new replacement name, Eutelonotus p. Kayser, Leipzig. Zweite verbesserte und vermehrte Auflage. Mit 55 meist Original-Figuren in Holzschnitt. Julius Springer, Berlin. The series was issued in three volumes, —, the third one in two parts Abtheilungen. The first edition was published — [GB] and the first part of the third volume, containing the beetles, was recorded on October Allg Bibl.here
Prospetto delle specie zoologiche conosciute nel Trentino. Volume I. Fratelli Perini, Trento. Despite the date on the title page, this volume may have been issued only in Manuel Alvarez, Madrid. Entomologische Bemerkungen. Herausgegeben von David Heinrich Hoppe. Montag und Weiss, Regensburg. The new beetle species Cetonia affinis p. South Australia illustrated. Thomas McLean, London. Folio AMNH. This book was published in ten parts, — Sherborn a : xviii.
It was completed by 11 December Monthly Lit Adv. The cover is dated and the preface 1 July ; however, the title page of the book and the wrappers are dated Collation and dates of publication for each part are needed. The Coleoptera are illustrated on plate 50 as follows: 1. Stigmodera fortnumii ; 2. Stigmodera variabilis ; 3. Stigmodera variabilis ; 4.
New species. Port Lincoln; 5. Buprestis scalaris ; 6. New species; 7. Cyria imperialis ; 8. Stigmodera suturalis ; 9. Stigmodera macularia ; New species, inhabiting the grass-tree Xanthorrhaea ; Stigmodera erythrura ; New species; New species; very similar to the African one; Diaphonia frontalis ; Rhipicera mystacina.
From the stringy bark forests; Purpuricenus Cyclodera. Orthorinus cylindrirostris ; Chrysolopus spectabilis ; Phoracantha gigas. Prionus ; Catadromus lacordairei. Rapid Bay; Scarites silenus ; Anoplognathus viridi-aeneus ; Helaeus gigas ; Ptomaphila lachrymosa ; Mordella ; Although several new species are illustrated, a single one is named, Phoracantha gigas. Sherborn b : gave the date of for this species.
A facsimile edition, limited to copies, was published in Sydney, , by A. Reed [BOT]. De coleopteris, quae Oscarus et Alfredus Brehm in Africa legerunt. Typographeo Aulico, Altenburgi. Als Einladungsschrift zu den vom 3. Heinrich Eduard Foss, Director. Several new species are described. De quibusdam coleopteris Italiae novis aut rarioribus tentamen inaugurale quod annuentibus magnifico domino rectore illustrissimo facultatis directore spectabili d.
Zendrini historiae naturalis spec. Archigymnasio Ticinensi publicae disquisitioni submittit. This thesis includes notes on some species of Coleoptera and descriptions of several new species from Italy. Orange insects. A treatise on the injurious and beneficial insects found on the orange trees of Florida.
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Ashmead Bros. One new beetle species, the coccinellid Hyperaspidius coccidivora pp. Introductio in oryctographiam, et zoologiam Aragoniae. Accedit enumeratio stirpium in eadem regione noviter detectarum. The publisher and place of publication are not indicated. It contains an annotated list of the animals of Aragon in northeast Spain. The Coleoptera are on pages 96—; the known species are named but those not recognized by the author are described but not named.
This work was published in ten livraisons, corresponding to livraisons 47—56 of the entire series started by Dejean and Boisduval, — [ q. I have not been able to find any dates of publication regarding the other livraisons. The title page is dated , the preface 12 November Guignot : researched the dates of publication and indicated that pages 1—64 were distributed in November or early December , pages 65— between April and December , and pages — in At the request of Frank Balfour-Browne, F. Griffin, then registrar of the Royal Entomological Society of London, found that pages 1—48 of this work were issued between 1 October and 1 December Balfour-Browne : This corroborates the Bibliographie de la France entry which noticed three feuilles of text 48 pp.
At this time, the dates of publication that should be retained are: pp. Boehm et Fils, Montpellier. Aucher-Eloy et Comp ie , Paris. Levrault, Paris. There is no date on the cover of the copy I have seen but Bedel : lxxxvi , who commented on all new species described in these two livraisons, mentioned that it was published in This is corroborated by the entry in the Bibliographie de la France.
A new edition of these two livraisons was issued in [ q. Plassan, Paris. Pages 1—80 constitute a new edition of the version Sherborn and Woodward b : Avec un atlas. Texte [I]. Fortin, Masson et C ie , Paris. It was published in livraisons, each containing a mixture of text and plates for each class.
Completed sets of livraisons were subsequently bound into 20 volumes divided into sections. The insect section comprised two volumes, each with two parts text and atlas [ vide infra ]. The Coleoptera are on pages 81— of the first volume, issued in the following livraisons: : pp. The dates of publication are from Cowan : 55—56 unless otherwise noted. Atlas [I]. The Coleoptera are on plates 15—75 including 22 bis , 39 bis , 40 bis , 44 bis , 53 bis , 66 bis , and 74 bis.
The names of the insects depicted on the plates are considered type-species designations as indicated in the title of the work. Plate 15 shows beetle larvae and a pupa of various families. The species depicted on plates 16—75 are listed in Appendix 1. Supplement to the check list of the Coleoptera of America, north of Mexico. Cassino, Boston. Erster Band. This volume was published in two Lieferungen : 1 : pp. Zweiter Band. This volume was published in two Lieferungen : 3 : pp.
Dritter Band. This volume was published in two Lieferungen : 5 : pp. Vierter Band. Reise durch einen Theil Preussens. Gottfried Vollmer, Hamburg und Altona. Storia naturale degli animali invertebrati del Sig. Cavaliere de Lamarck compendiata ed arricchita di note. Annesio Nobili, Pesaro.
Catalogue of Hispidae in the collection of the British Museum. Part I. Printed by order of the Trustees, London. Descriptions of new genera and species of Phytophaga. Part 2. Phytophaga part. Hispidae by J. Baly, with an appendix by G. Cassididae by C. Taylor and Francis, London. This section was published in eight parts as follows see Lyal : 88 : pp. Office of Superintendent of Government printing, Calcutta. The genera insectorum of Linnaeus exemplified by various specimens of English insects drawn from nature. Sewell, London.
The text is written in English and French, mostly in parallel columns.
Publications – Marc Lee
Engelmann : , Graesse : and other bibliographers mentioned a second edition, essentially a reissue of the first edition with a change of title page Evenhuis a : 70 , published in n. Published by order of the government of India. Tribe Longicornia. Longicornia by Henry Walter Bates, F. Bruchides by David Sharp, M. This work was issued in several parts. The dates listed at the bottom of the first page of each sheet are: pp. The collation for the plates is from Lyal : Biologia Centrali-Americana. Part 1. This work was published in several parts.
The volume covers the Cicindelidae and Carabidae. The title page is dated — Pectinicornia and Lamellicornia. The volume covers the families Lucanidae pp. It also includes a supplement pp. Geodephaga and Longicornia. List of Coleoptera collected by Mr. Jameson on the Aruwimi. By the late James S. Jameson, naturalist to the expedition. Edited by Mrs. Porter, London. Simpson, who has paid especial attention to this family. The only new species described by Bates is Tefflus jamesoni Bates, n.
Peter Cameron. Eaton, F. Martin Jacoby. Sidney Olliff. David Sharp. John Murray, London. According to Sharp : 61 , the printing was done in but the work was not available for purchase until 2 March By John Whitehead. With coloured plates and original illustrations. Gurney and Jackson, London. Zweyter Theil. Mit zwey Kupfertafeln. The entire work was issued in two volumes, —, continuously paginated. The Coleoptera are on pages — of the second volume. Mit naturgetreuen Zeichnungen im Text.
Creutz, Magdeburg. Monographie des lamelli-antennes. Landriot, Clermont. Thibaud-Landriot, Clermont-Ferrand. Despite the date on the title page, this work may have been published late or early Rassegna delle specie della famiglia dei Milabridi Bruchidi degli autori viventi in Europa e regioni finitime.
Virzi, Palermo. This work was issued, with separate pagination, in Il Naturalista Siciliano 5 : 1—? Catalogo dei coleotteri del Piemonte. Camilla e Bertolero, Torino. This work was also issued in Annali della R. A few new taxa are described in this work. Avec 34 planches en lithographie hors texte et 44 figures dans le texte.
Ersten Bandes zweyte Abtheilung. Mit einer Kupfertafel. Siegfried Leberecht Crusius, Leipzig. Mit Kupfern. The entire work was issued in two Bande , each consisting of two Abtheilungen , — The Coleoptera are on pages — of the second Abtheilung of the first Band. Carl Friedrich Knoch Richter, Leipzig.
Erster Theil. Mit drey illuminirten Kupfertafeln. Gaedike and Smetana : and Evenhuis a : 73 listed the publication date of this part as I have found no indication to corroborate this date. Hagen : 36 , Horn and Schenkling a : 55 , Sherborn a : xxii and Nissen : 36 dated this part Mit illuminirten Kupfertafeln. Evenhuis a : 73 dated this part but the title page on the copy in BHL is dated I have seen an advertisement in the 2 March issue of Intelligenzblatt der Allgemeinen Literatur-Zeitung stating that the book will be presented at the Leipzig Easter Book Fairs, which was held in on 5 May Evenhuis a : 4.
Dritter Theil. Dritte und letzte Abtheilung. This entire work was published in three Theilen. The Coleoptera are in the first pp. Two new species, Bostrichus pinastri Bechstein p. In drey Theilen. Mit xiii fein illuminirten Quartkupfern von J. Sturm gezeichnet und gestochen.
Mit vier illuminirten Kupfertafeln. Hennings, Gotha. Vierter Theil. Zweyter Band. Desberger [ q. The Coleoptera are on pages 69—93, — and — One new species of beetle, Bostrichus abietiperda p. Sein Gutsgebiet und das Land im weiteren Umkreise. Bearbeitet von Dr. Alexander Bittner. Flora des Gebietes. Fauna des Gebietes. Unter Mitwirkung von D r. Becher, D r. Brauer, L. Ganglbauer, Fr. Kohl, C. Koelbel, D r.
Latzel, D r. Loew, J. Mann, D r. Nadjma Yassari ed. Johannes Liebrecht provides an academic analysis of a range of questions, particularly how and why Kern arrived at this idea, and the role that it played. Johannes Liebrecht , Fritz Kern und das gute alte Recht.
Behind every judgment and every significant corporate law ruling there lies a story. It is, however, only seldom that these stories are told. But unravelling the intricately spun web of EU directives and regulation, national and EU law is not going to be easy. Should negotiations exceed this two year period or if the outcomes meet resistance in the UK or the EU bodies, Art. As sparing as the wording of Art. The possibility that access may be lost to the European single market and other guarantees provided by primary EU law puts the UK under economic and political pressure that may weaken their negotiating position against the EU.
British voters were probably not aware of this consideration before the referendum. The question of whether and how the international conventions of the EU, particularly those for a uniform system of private law, shall continue to apply is also complex. But what is the situation with regard to the Hague Jurisdiction Convention of that was ratified by the EU on behalf of all Member States, but not by the States themselves?
These private and procedural law Conventions — just as all other international law agreements of the EU — must also be addressed during the exit negotiations. It is for the British courts to decide whether they will continue to observe the rules of jurisdiction. Their judgments however will no longer be automatically enforceable across the whole Union, as Art. Older bilateral agreements such as that existing between Germany and Britain may go some way to bridging the gap, as will the autonomous recognition of laws, but neither will suffice completely.
International legal and commercial affairs must thus return to square one. According to Art. This effectively removes one of the fundamental pillars supporting the remarkable rise in the number of law firms in London, with a business model based on the simple promise that stipulating London in a jurisdiction agreement would guarantee enforceability across the whole of Europe. This model will soon be a thing of the past, if viable solutions cannot be found for the exit agreement. The agenda for the exit negotiations will thus be immensely broad in its scope. Even if the British government should drop EU primary law for the reasons listed above, they will try to include secondary legal guarantees for access to the European single market into their exit agreement.
That would require the discussion of hundreds of Directives and Regulations. Considering that the entry negotiations with nine member states, divided into over 30 negotiation chapters, took so many years to complete, it is doubtful whether negotiations in the other direction can be completed within the two years stipulated by Art. Brexit has also shaken up international commercial competition in ways that have yet to be determined.
The contributions from 19 European legal scholars provide a range of perspectives to illuminate the development of European private law in conjunction with the national laws of individual European states. These interactions formed the core interest of internationally renowned legal scholar Arthur Hartkamp, who contributed much to the research and development of private law in Europe, and in honour of whom this Festschrift has been published. The 19 high topical contributions in this Festschrift will not be released as a bound volume as is usually the case, but as a special issue of the European Review of Private Law in order to make the results of the research more accessible.
The centrepiece of the volume, published by C. Beck, is a comprehensive commentary analysing both the European Succession Regulation and the implementing provisions adopted in Germany. Current and former researchers of the Max Planck Institute for Comparative and International Private Law are significant contributors to the work. Their efforts draw on a number of earlier Institute-based projects and publications considering the European Succession Regulation.
The commentary has been edited by Prof. Johannes Weber, Director of the Deutsche Notarinstitut. The commentary offers a comprehensive presentation of international succession law. Alongside the European Succession Regulation, the commentary also discusses relevant international agreements which are in force in Germany and which supplant the Regulation in their area of application. The contribution of Dr. The provisions on the European Certificate of Succession — allowing for the first time heirs and administrators to prove their status across the EU — are considered by Dr.
Matteo Fornasier , also a research fellow at the Institute. The Succession Regulation, entering into force on 16 August and governing all successions since 17 August , has significantly uncomplicated the determination of the governing law in matters of international succession. Nonetheless, the Regulation will, particularly in its initial years, demand that legal practitioners navigate a maze of difficult questions — the present commentary aims to serve as a compass. At the close of April , Chinese lawmakers enacted new legislation regulating foreign non-governmental organizations the Foreign NGO Management Law.
Critically received by international observers, the law has now been translated into German by Priv. The Foreign NGO Management Law, by contrast, foresees foreign nonprofits being subject to supervision by governmental agencies responsible for public security, that is to say by entities serving a function comparable to that of the police. According to concurring media accounts, the law will impact 7, NGOs in China, this including approximately German organizations. The China Unit has for many years devoted its attention to the regulation of nonprofit organizations in China.
Among other focal points, that contribution extensively examines how foreign NGOs can act under the governing law in China. The present translation of the Foreign NGO Management Law is a first step both in analyzing the challenges faced by foreign NGOs operating in China and in determining the interplay of the new law with the regulations governing Chinese nonprofit organizations. Link to page describing research by the China Unit on the law of nonprofit organizations. The translation is the first result of a cooperative project addressing Chinese civil procedure law.
The involved participants include Professor Dr. It is widely thought that the law of succession reflects deeply-rooted cultural differences. Related to this is the idea that the law of succession is a subject marked by resistance to change; and also the perception that critical comparative studies or attempts at legal unification are unpromising endeavours.
The essay of Reinhard Zimmermann , Director at the Max Planck Institute for Comparative and International Private Law, critically examines the proposition that succession law reflects deep cultural roots and argues that succession law possesses no more a folklore character than does, for example, contract law. In both fields, the aim is to create legal rules that to the greatest extent possible meet the needs and practical expectations of individuals. The noticeable differences in various Western succession law regimes cannot be explained — and certainly not exclusively explained — by dissimilar cultural underpinnings.
Rather, one sees different manifestations of a European legal tradition that is uniform in many significant regards. Zimmermann explains that succession law demands a critical international discussion and permanent efforts at ascertaining the best solution to substantive problems which arise in a similar manner universally.
He points out transsystematic reference points and trends of legal development, possibilities for critical reflection, and historical examples of legal transplants, legal unification, and legal change. All examples are taken from two central fields: testamentary formalities and the rules on intestate succession. Also examined is the connection between succession law and religion. Simon Schwarz, former research fellow at the Max Planck Institute for Comparative and International Private Law, examines the risks, theory and specific issues of trading, clearing and settlement in the context of local and international securities transactions in his post-doctoral dissertation, published by Mohr Siebeck.
Departing with a survey of the economic realities of global securities trading and the associated settlement system, Simon Schwarz undertakes a comprehensive analysis of current German securities trading law, including its comparison to the legal regimes of the USA, Belgium and Luxembourg. Securities trading is accomplished exclusively by means of account transactions. These processes are of central economic importance and are ever more frequently the subject of focus among international legislators and expert panels.
In such discussions, German law is increasingly criticized as outdated, uncertain and internationally incompatible. In his post-doctoral dissertation, Simon Schwarz theorizes that to a large extent German law already meets the demands of a modern depository legal regime and that it corresponds functionally to the hybrid approaches adopted by the legal systems which he has examined under a comparative lens. As a further step in the development of the existing legal framework, his study proposes conflict-of-law solutions suitable for the world of modern security transactions.
In he was awarded his doctoral title. Only one year later he was awarded his post-doctoral degree Habilitation by the University of Hamburg. Since he has worked as an attorney with the international law offices of Freshfields Bruckhaus Deringer LLP in Hamburg and has on several occasions been a guest scholar at the Institute.
The coordination of the position of the surviving spouse with that of the deceased's blood- relatives is one of the central problems faced by the intestate succession systems of the Western world. While the succession of the relatives essentially follows one of three different systems the "French" system, the three-line system, and the parentelic system which have remained relatively stable, the position of the surviving spouse has, over the centuries, become ever more prominent. Roman law, at the time of Justinian, took account of the surviving spouse only in exceptional situations, medieval customary law often not at all.
Today, on the other hand, she much more often than he has worked her way up, in most countries, to the position of main beneficiary under the rules of intestate succession, for small and medium-sized estates sometimes even to the position of exclusive beneficiary. In doing so it attempts, in the spirit of Jhering, not to line up the laws in the various epochs of our legal history "like pearls on a pearl string" but to look at them as part of a development and to trace their interconnections. The same idea can also be applied to comparative law in view of the fact that the modern national legal systems do not coexist in isolation but in a "system of mutual contact and influence" and, as may be added, on the fertile soil of a common legal culture.
Today we find a wide-spread desire to allow the surviving spouse to remain in her familiar environment and to continue to enjoy the standard of living she has become accustomed to. Legal systems still differ as to the way in which best to achieve this aim, i. The contribution of Professor Zimmermann analyses these differences and supports an approach modelled on Austrian law.
As Roman law was gradually replaced by national codifications, European legal scholarship lost a common frame of reference. The comparative analysis of law was seen as being capable of filling this void. Whereas initially individual scholars undertook comparative research and the exploration of new methodology as an intellectual endeavour, drawing inspiration from foreign law and looking to deepen the reservoir of practical solutions, since the end of World War I one can observe an increasing number of legal rules — in a variety of legal fields — obliging judges to conduct a comparative inquiry.
Commercial arbitration is rapidly becoming a significant means of resolving international disputes, allowing its participants to choose the seat of arbitration from across the world. The book provides an overview of the basic principles of international commercial arbitration, particularly the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The book, unique in its presentation of this material also features work by researchers from the Max Planck Institute for international and comparative private law.
Martin Illmer , Senior Research Fellow at the Institute carried out the comprehensive analysis of arbitration in England and Wales, a subject for which he already has several publications to his name, while Dr. Published in English, and addressed to an international audience, the book was released at the end of January , by C. Beck publishing. The new edition expands on important parts of the commentary on commercial agency law, including the right to compensation. Authored by Professor Klaus J. Hopt , Emeritus Director of the Max Planck Institute for Comparative and International Private Law, the commentary takes into account that the open borders of the European internal market have intensified competition also in the area of distribution.
The new edition also highlights changes to EU competition law and evaluates the many new decisions of the courts of appeal as well as the Seventh Civil Chamber of the Federal Court of Justice BGH , which is now competent over commercial agency matters. First published in , this short commentary is targeted at three groups of individuals: i commercial agents as well as authorized and private dealers, to whom commercial agency law mainly applies; ii merchants and other entrepreneurs who use commercial agents or authorized dealers for distribution matters; and iii business customers and consumers who need to know what and whom they can rely on.
The commentary provides a detailed outline of the rights and obligations of the parties involved so as to facilitate the work of judges, practitioners and academics. Hopt, Handelsvertreterrecht 5th Edition, C. The project saw legal scholars from 14 Member States of the European Union as well as Switzerland jointly formulate rules — drafted in the fashion of statutory law — for the field of insurance law. For the new expanded edition, the group also considered proposals regarding liability insurance, life insurance and group insurance. In the volume, the researchers make clear the need for a common European insurance contract law and with the PEICL indicate a way for this to become a reality.
With the now-published expanded edition, the pan-European research project has, for the moment, reached a conclusion after 15 years of cooperative effort. The collection of articles examines the fifty years which have unfolded since the enactment of the Stock Corporation Act and considers the future of the law on stock companies. In the German Parliament enacted the fundamentally reformed Stock Corporation Act that would later enter into force on 1 January The present conference volume, edited by Holger Fleischer , Managing Director of the Max Plank Institute for Comparative and International Private Law, together with Jens Koch, Bruno Kropff and Marcus Lutter, offers eleven chapters that both review the last fifty years and consider the future of stock corporation law.
An extensive chapter authored by Fleischer explores the comparative sources which helped to inspire the Stock Corporation Act of , and on this foundation he then identifies the impact of the codification on foreign stock corporation law. Second volume of long-term project on key issues of succession published.
Although it is one of the most important practical areas of private law, the law of succession has regularly been neglected in comparative research. The first results of this long-term research project were published in in "Comparative Succession Law, Vol 1: Testamentary Formalities. Now the second volume of the series, "Comparative Succession Law Vol.
In "Comparative Succession Law Vol. The key principles of family succession are considered here. The family of the deceased consists on the one hand of his relatives and, on the other, of his spouse. There are therefore two key legal problems: the order in which the relatives inherit from the deceased; and what the position of a surviving spouse is, in comparison with and with regard to, the surviving relatives. The inquiry is guided by a historical-comparative perspective that allows the contours of different rules in the modern legal systems to emerge more clearly and understandably, and which critically reflects on the essential structural elements of these rules.
Among the topics considered, close attention is paid to the inheritance position of children born out of wedlock and adopted children, as well as life partners and partners in non-marital cohabitation. Kenneth G. Reid, Marius J. While the courts of Member States are enabled or even required to submit preliminary questions concerning the interpretation of EU law to the CJEU, such referrals have traditionally been held inadmissible where made by arbitral bodies.
Slowly, however, a softening of this position can be identified: based on the analysis of Basedow, arbitral tribunals confronting investment disputes are now able to refer questions regarding EU law to the CJEU. Surrogate motherhood as currently practiced challenges our fundamental understanding of family and parenthood given that it typically involves a baby who has no genetic relation to the surrogate mother being brought to term on behalf of others.
But how does the law treat a couple who travels abroad in order to fulfill their wish for children through surrogacy? Konrad Duden , research associate at the Max Planck Institute for Comparative and Private Law, addresses this question in his recently published dissertation. Looking at six legal systems in which surrogacy is permitted, he analyses who would be the parents of such children in the eyes of German law. His study shows that in many cases the children are deprived of any filiation with the intended parents, and the analysis goes on to contrast these findings with the fundamental and human rights enjoyed by the involved parties.
In particular, the rights of the child demand that as a general rule the offspring of surrogacy be integrated into the legal family of the intended parents. His doctoral dissertation, which earned the mark of summa cum laude, was awarded the Serick Prize in The unabridged version of this work has now been published.
- The Acorn Stories: Second Edition.
- Takedown: Taming John Wesley Hardin;
His work explains the far-reaching consequences of globalisation for the ordering of private legal relationships. Whereas the increasing acceptance of choice of law has expanded the room for maneuvering by private actors in many fields, mandatory law still serves to preserve core societal values and principles. Overall, Basedow argues for a rebalancing of the private ordering of legal relationships on the one hand, and, on the other, for the imposition of state regulatory ideals in cross-border relations. The book closes with an appeal for restraint on the part of national courts and legislators in the imposition of their own mandatory rules, and he remarks as to the increasing readiness of courts to respect the mandatory rules of third states under certain conditions.
Questions surrounding enforcement in company and capital markets law are considered in a newly released collection of articles edited by Holger Fleischer , Director at the Max Planck Institute, together with Susanne Kalss, Vienna University of Economics and Business, and Hans-Ueli Vogt, University of Zurich. The publication stems from the fifth annual meeting of German, Austrian and Swiss company and capital markets law jurists, held June in Hamburg.
The contributions look at enforcement from the perspectives of private law, public law and criminal law. Specific questions addressed include: the enforcement of compensatory claims against the organs of a public limited company; the settlement of GmbH and stock corporation claims; company law and arbitration law; die actio pro socio in partnership and GmbH law; capital market law as falling between the enforcement of public and private law rules; and criminal law as a means of enforcing company law.
Discussions surrounding judge-made law generally look at the topic in terms of legal theory and its constitutional validity. Accepting the existence of case law fashioned by judges, such discussions are no doubt of value. Yet the reality of the practice leads to a another question: How should court proceedings be arranged so as to improve the quality of judge-made law and maximize the knowledge of courts in respect of those interests and areas of life that are impacted by precedential rulings?
Answering this question requires an appreciation of the significant institutions, the intended proceedings and the manner in which relevant information is collected, all with an eye toward the optimization of judge-made rules; in this regard, comparative law can make a valuable contribution. Finally, the legal culture in which practice and scholarship operate has to borne in mind. Thus, in many countries one still encounters the belief that there is no such thing as judge-made law, despite its existence being anchored — there as well — in the practice of high courts. A total of six presentations at the symposium were devoted to the theme "The Procedural Framework for Judge-Made Law".
Accessibility to this multi-layered and dynamic legal regime has, however, until now been limited by the absence of a current and systematic German-language survey work addressing Chinese civil and business law. At the same, it was a conscious aim of the editors to create a work firmly orientated on legal practice. Hence, the individual chapters of the book represent the partnered efforts of a Chinese and German team of authors who collectively boast multiple years of experience as researchers and practitioners working with Chinese law.
The book covers the central areas of Chinese civil law inclusive of private international law, offering expansive references also encompassing literature in other Western languages. With chapters on contract law, the law of tort, property law and proprietary security rights, core fields of private business and economic law have been detailed. The treatments of family law and succession law, by contrast, look at areas thus far mostly neglected in works on Chinese civil law, although these areas are, in fact, particularly important for the understanding of traditional Chinese legal conceptions given the not always immediately identifiable influence exerted by elements of the formerly dominant socialist legal circles.
A second volume considering the remaining areas of business and economic law is in the planning. The work deals with the contract law of the European legal systems. What are the essential rules of these systems on the formation and validity of contracts? While the discussion is based on the national rules, they are taken into account only as local variations on a European theme. To what extent is it therefore possible to speak of a common European law of contract? This book is not only aimed at helping to teach young Europeans lawyers, but also strives to assist those engaged in the reform of national contract law or the drafting of uniform European legislation.
Published in German. It details the special elements of company law in Scandinavia that developed amid the twin forces of innovative experimentation and the drive for harmonization, contrasting them with the distinctive features of German company law. Further contributions deal with the newly created entrepreneur company in Germany and Denmark, as well as the role of shareholders and boards in public companies.
It also contains detailed analyses of the law of company groups in Germany and the Nordic states against the background of a possible harmonization of European law. The volume is rounded out with contributions on capital markets law and takeover law, addressing in particular the issues of acting in concert, ownership disclosure and the interplay between the legislature and the takeover panel in Sweden. The significance of comparative law in the ongoing development of law has not always been undisputed. In the present era of globalization, however, the necessity of comparative law is no longer subject to doubt.
With the establishment of worldwide social and commercial networks, it is increasingly the case that legislators must take account of legal developments in other countries when formulating legislative measures for their own country. As different objectives can be pursued in comparative research, the question often arises as to what focus is adopted by any given scholarly inquiry. Thus in the second part of the article, Basedow examines the development of comparative law as an academic discipline.
Second, we should not underestimate the imposing array of potential research objectives and their role in determining the style and method of comparative research. In this regard, a division of comparative law into certain fields of practice seems logical, allowing the establishment of evaluative criteria for the methods respectively applied.
The internationally constituted working group has been given the task of formulating possible amendments and additions to the Principles of International Contracts PICC with a view to the special needs of long-term contracts. The above-mentioned working group produced the Principles of International Contracts PICC , a non-legislative codification containing about principles annotated by commentary and illustrative examples. The structure of the publication was inspired by the US Restatements of the Law.
The Principles have been highly regarded since their initial publication. They have been the subject of numerous symposia and conferences; they have been analyzed in a number of publications; they play a role in the drafting of contracts and with regard to choice of law in the international commercial context; and it is apparent that they are increasingly relied upon in decisions reached by arbitrators and, occasionally, courts of law. Finally, the Principles have played a significant role in the reform of national contract law regimes.
This holds true for the modernisation of the law of obligations in Germany as well as for the new codification of Dutch law and the law reforms undertaken in Central and Eastern Europe.
Last year, a new working group was set up for the purpose of formulating proposals for possible amendments and additions to the black-letter rules and comments of the current edition of the Principles with a view to covering the special needs of long-term contracts. The task reflects the fact that contract law is traditionally dominated by the paradigm of contracts to be performed at one time. Thus, one finds contracts of sale at the centre of attention. In international commerce, however, contracts to be performed over a period of time play an equally important role; notable examples include equipment leases, contracts involving distributorship, out-sourcing, franchising, licensing and commercial agency, and service contracts in general.
Although these types of contracts are occasionally mentioned in the commentary and the illustrations accompanying the Principles in one particular case — restitution following termination of a contract on account of non-performance — there is even a special rule , long-term contracts are for the most part only marginally addressed in the Principles. Accordingly, it can be asked whether certain rules having particular relevance for long-term contracts are in need of revision, whether at least the commentaries should be refined, and whether the Principles should, perhaps, also be broadened on various points.
The following topics have been identified as being especially significant: contracts with open terms, agreements to negotiate in good faith, contracts with evolving terms, supervening events, co-operation between the parties and restitution after ending contracts entered into for an indefinite period. The working group will convene for its second week-long session in October at the Hamburg MPI; prior to that time the reporters assigned to individual issues will draft and circulate their proposals.
In this vein, Reinhard Zimmermann and Sir Vivian Ramsey are responsible for the topic of termination for compelling reasons. Credit is the lifeblood of the modern economy. The availability and legal effect of proprietary security has a significant influence on whether and under what conditions credit is extended in private law transactions. In this regard, numerous types of security rights in movable assets can come into play, whether as pledge or lien, as retention of title or leasing agreement, or as an assignment of receivables.
The work on proprietary security in movable assets has been edited by Prof. The law on security rights in movable assets is characterised by strong divergences between the different national legal systems, with variations ranging from the particulars of registry publication to fundamental aspects such as attempts to achieve an approach of uniform functionality rather than one differentiating between title retentions and limited security rights. It is for this reason that the area of security rights has for several decades been the object of national and international reform efforts that aim to overcome the practical problems which result from these differences and develop a security rights system of optimal efficiency.
In articles — authored in English but accompanied by German, French, Italian and Spanish translations — a comprehensive system of proprietary rights in movable assets is developed. Additionally, the book contains not only detailed commentaries discussing these articles and the proposed system on security rights but also comparative notes considering the law of EU Member States on the various aspects of proprietary security.
The work represents both a contribution to the national and European discussions on the further modernisation and uniformisation of security rights in movable assets as well as a comparative study exploring the similarities and differences in the approaches to security rights taken by individual EU Member States.
Comprehensive commentary by Klaus J. The commentary offers a particularly detailed treatment of the legal obligations of board members — thus the duty of care including the business judgment rule , the duty of loyalty and the duty of confidentiality — and it takes account of many factual constellations and individual factual situations. In addition to these topics come requirements placed on business organisations as regards the creation of committees, delegation, risk management and compliance.
Examples in respect of the duty of loyalty include: transactions with the company undertaken by board members on their own behalf, board member compensation, the exploitation of corporate opportunities, non-competition duties, the prohibition of insider dealing and much more. Also covered are the economic basis of decisions and international contexts. Mathias Habersack, Klaus J. Since the financial crisis, a tsunami of legal acts and proposals has swept across the Member States and imposed new demands on practitioners and academics. This collection of essays, edited by Klaus J. The new provisions do not, however, carry identical effects and consequences for each Member State.
Of particular interest is how this harmonisation is viewed and experienced in selected areas of economic and business law. Specific topics of inquiry in the book include the European Banking Union, the restructuring of banks, European company and capital market law, European private law and consumer protection, European procedural law, cartel law and European competition law.
The just-released volume looks at an assortment of these myriad issues: it contains an array of critical evaluations of important points along the path to a further Europeanisation of this field, it analyses the formulation and implementation of individual harmonization projects, and it offers contributions exploring fundamental regulatory issues with regard for law and economics, legal paternalism and regulatory theory.
Hopt, Dimitris Tzouganatos eds. This is preceded by a comprehensive introduction authored by Holger Fleischer. In pages he gives an in-depth account of the GmbH in panoramic perspective, considering it not only historically, comparatively and as encountered in practice, but also through a law and economics lens. Issues related to company valuations are of considerable significance in numerous legal areas, but they are often addressed only superficially in legal textbooks and commentaries: ludex non calculat!
The work also addresses matters regarding procedural law and international aspects of company valuation. In order to meet this task in its full scope, individuals from all professional groups involved with company valuation have contributed: university instructors in the areas of both law and business management , accountants, tax consultants, lawyers and judges.
Through this holistic and interdisciplinary approach, the publication not only examines the legal dimension of company valuation but also analyses its interconnection with valuation theory as understood from a business management perspective and with business valuation in practice. In the event of an insurable incident the right of an injured party to compensation is determined by the liability insurance contract which has insured the risk at issue. As a general rule, however, the injured party is not as a conceptual matter entitled to bring a claim directly against the insurer.
Gunnar Franck, LLM.
Max Et Moritz Facinora Puerilia
A Comparative Jurisprudential Examination of German and Scandinavian Law , Franck first details the numerous advantages of direct claims, a quality which makes them desirable from a policy standpoint. The focal point of the comparative analysis is Swedish law, but Norwegian, Danish and Finnish law are also considered when they encompass rules that are relevant to the analysis. The comparison with Scandinavian law thus illustrates many of the advantages and disadvantages attached to different legal approaches. Jens Kleinschmidt , former research fellow at the Max Planck Institute for Comparative and International Private Law, examines the admissibility, procedure and review of subsequent terms by a third person in the law of obligations and succession in his just published post-doctoral dissertation.
Private autonomy is one of the foundations of all European systems of private law. It gives each individual the power to determine his legal relationships, both during his lifetime and post mortem. Jens Kleinschmidt, LL. He was awarded his doctoral degree in from the University of Regensburg. In he attained his post-doctoral degree Habilitation at Bucerius Law School in Hamburg, where he had lectured since Focal points of his research include German and European Private Law, private international law, international civil procedure and comparative law.
Jens Kleinschmidt, Delegation von Privatautonomie auf Dritte. JusPriv published in German. The publication combines the papers and reports from the fourth annual meeting of company law jurists from German-language jurisdictions, which was held in May in Zurich, Switzerland. The volume considers questions regarding the stringency of a company's articles of association, the interpretation of partnership agreements, the raising and maintenance of capital in AGs and GmbHs, the drafting of contracts for joint ventures and the dissolution of business partnerships.
Notwithstanding the economic significance it holds as the preferred corporate form of small and mid-sized firms, the closed corporation is frequently subject to only minimal academic discussion and has thus been dubbed "the orphan of corporate law". At the same time, however, many European countries have in recent years amended and modernised their laws on the closed corporate form. It is against this background that the authors have jointly undertaken a first attempt at formulating principles of closed corporations in Europe independent of any specifically existing laws or proposals.
This highly inventive, blackly humorous tale, told entirely in rhymed couplets, was written and illustrated by Wilhelm Busch and published in It is among the early works of Busch, nevertheless it already features many substantial, effectually aesthetic and formal regularities, procedures and basic patterns of Busch's later works.
The German title satirizes the German custom of giving a subtitle to the name of dramas in the form of "Ein Drama in Akten" "A Drama of Das Werk wurde am 4. Viele Reime dieser Bildergeschichte wie "Aber wehe, wehe, wehe! Author Wilhelm Busch was a prominent German caricaturist, painter, sculptor and poet. His satirical picture stories with rhymed texts earned him the honorary epithet of Grandfather of Comics. One of his first picture stories, Max and Moritz , was an immediate success and has achieved the status of a popular classic and perennial bestseller. Max and Moritz, as well as many of Buschs other picture stories, are regarded as one of the primary precursors to the modern comic strip.
Busch is also known for his poems, some of which are written in a satirical style similar to his picture stories, while others are of a deeper lyrical character. Max and Moritz. Wilhelm Busch , endowed with an equipotent facility with sketch-pad and rhyming dictionary, created some of the most arresting sketches and drollest verses the world has yet seen. By turns malevolent, jovial, sardonic, diabolical, and bloodthirsty, these verses tellingly castigate hypocrisy, stodginess, stupidity, egotism, drunkenness, and other human foibles.