Law

While damages are still primarily attributed a compensatory function in German law, prevention and effective law enforcement are also increasingly recognised as legitimate purposes of tort law in more and more areas. This volume retraces these developments and looks to the future.

The collation of lifetime gifts, the German hotchpot rule, is intended to ensure equal treatment in succession law. Doctrinally, it is linked to the idea of portions (§ 1624 of the German Civil Code). From a historical and comparative perspective, it becomes clear that this concept and the doctrine have reached their limits and require reform.

When selling used goods to consumers, businesses must fulfill specific information and agreement obligations depending on the condition of the items. Due to unclear requirements set by the directive's legislator, these obligations can scarcely be implemented with legal certainty. Michael Basche therefore calls for the previous legal situation.

Ansgar Baumgarten introduces the concept of direct enforcement of national law by EU authorities as a new category of European administrative law. He demonstrates how EU institutions may apply national implementation law to ensure the uniform and effective application of EU law, thereby strengthening European administrative governance.