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The Marburg Group's Comments on the European Commission's Parenthood Proposal
On 7 December 2022, the European Commission published a Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood (Parenthood Proposal). In this book, the Marburg Group-- a group of German private international law scholars-- undertakes the first extensive and in-depth assessment of the Parenthood Proposal. While the Group welcomes the initiative of the Commission and embraces the overall structure of the Parenthood Proposal, it suggests several fundamental changes. The Commission proposes common rules for the Member States in the domain of parenthood, addressing the classic issues of private international law: jurisdiction in parenthood matters, the applicable law to parenthood and the recognition of court decisions in matters of parenthood. Furthermore, the Commission recommends the introduction of a European Certificate of Parenthood, enabling European citizens to prove a parenthood position throughout the European Union, with uniform effects.
Gewinnherausgabe als haftungsrechtliches Problem
Konstellationen, in denen ein rechtswidrig erzielter Gewinn den Schaden des Verletzten übersteigt, besitzen eine erhebliche praktische Bedeutung. Doch wie soll die Rechtsordnung hierauf reagieren? Es besteht die Wahl zwischen einer Überkompensation des Verletzten und einer Unrechtsprämie für den Verletzer. Tobias Helms untersucht die einschlägigen haftungsrechtlichen Abschöpfungsmechanismen und zeigt, auf welche Kriterien es bei der Anwendung der jeweiligen Anspruchsgrundlage ankommen sollte. (Quelle: Klappentext des Verlages).
House and Household Economies in 3rd Millennium B.C.E. Syro-Mesopotamia
This volume contains a selection of articles based on papers presented at an international workshop held at Frankfurt am Main, Germany from the 27th to the 28th of October, 2012. The workshop was organized by members of the Research Training Group 1576 "Value and Equivalence" and the Tell Chuera Project. The articles address a wide range of materials (lithics, terracotta figurines, domestic architecture and installations, glyptics) and topics (the organization of space within residential areas, the economic base of 3rd millennium settlements, an anthropological perspective on the study of domestic remains) which are related to the study of 3rd millennium BCE houses and households in northern Mesopotamia. Many articles focus on recent archaeological excavations and observations from Tell Chuera, but hitherto unpublished field data from other sites (Tell Mozan, Tell Hazna, and Kharab Sayyar) are also presented. The archaeological focus of the volume is broadened by a philological treatise dealing with the study of households in southern Mesopotamia.
The EU Regulations on the Property Regimes of International Couples
This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.
Religion and Intersex
This book considers the situation of intersex people who have faced erasure in the areas of science, law, culture, and theology due to the assumption that all humans are either ‘female’ or ‘male.’ Centered in interviews conducted with German intersex Christians, this book argues that moving from a paradigm of sexual dimorphism to sexual polymorphism will help promote the full humanity and flourishing of intersex people by creating a world where intersex individuals are no longer coerced and/or forced to undergo non-consensual, medically unnecessary treatment, no longer experience human rights violations because of their lack of legal protection, no longer feel inhuman and Other due t...
Disgorgement of Profits
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are...
Ownership of Knowledge
A framework for knowledge ownership that challenges the mechanisms of inequality in modern society. Scholars of science, technology, medicine, and law have all tended to emphasize knowledge as the sum of human understanding, and its ownership as possession by law. Breaking with traditional discourse on knowledge property as something that concerns mainly words and intellectual history, or science and law, Dagmar Schäfer, Annapurna Mamidipudi, and Marius Buning propose technology as a central heuristic for studying the many implications of knowledge ownership. Toward this end, they focus on the notions of knowledge and ownership in courtrooms, workshops, policy, and research practices, while...
The Constitutional Framework for Enhanced Cooperation in EU Law
The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.
Computational Methods in Systems Biology
This book constitutes the proceedings of the 11th International Conference on Computational Methods in Systems Biology, CMSB 2013, held in Klosterneuburg, Austria, in September 2013. The 15 regular papers included in this volume were carefully reviewed and selected from 27 submissions. They deal with computational models for all levels, from molecular and cellular, to organs and entire organisms.
Social Parenthood in Comparative Perspective
Investigates social parents – people who function as parents but who may not be recognized as such in the eyes of the law What makes a person a parent? Around the world, same-sex couples are raising children; parents are separating and re-partnering, creating blended families; and children are living with grandparents, family friends, and other caregivers. In these situations, there is often an adult who acts like a parent but who is unconnected to the child through biogenetics, marriage, or adoption—the common paths for establishing legal parenthood. In many countries, this person is called a “social parent.” Psychologically, and especially from a child’s point of view, a social p...
