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Haftungsbeschrankung und Mindesthaftung

Haftungsbeschrankung und Mindesthaftung

          
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About the Book

English summary: Alexander Bruns presents a new concept for the admissibility of limitations of liability, a concept which is valid both in the E.C. and in the U.S.A. His basic theory, which he explains and summarizes by using significant legal areas as examples, is that liability limitations in contract law or corporate law are enforceable if the requisite minimum liability is maintained. He deals not only with the law in Germany, but also takes a look at the law in the U.S.A. and in the main European states as well as European Community law. German description: Die Rechtsordnung unterscheidet zwischen der Haftungsbeschrankung durch Vertrag und der Moglichkeit einer Begrenzung von Haftungsrisiken durch die Grundung von Kapitalgesellschaften. Bislang ist wenig geklart, ob und inwieweit die Zulassigkeitsstandards, die Rechtsprechung, Lehre und Gesetzgebung zugrunde legen, fur beide Gebiete eher konvergieren oder auseinander streben. Alexander Bruns deckt deutliche Divergenzen zwischen Vertrags- und Gesellschaftsrecht auf und entwickelt neue Massstabe insbesondere fur die gerichtliche Inhaltskontrolle vertraglicher Haftungsbeschrankungen, die Wertungswiderspruche zum Gesellschaftsrecht vermeiden. Der rechtsvergleichende Blick in die USA, auf das Recht wichtiger europaischer Staaten und das europaische Gemeinschaftsrecht verbreitert die Wertungsbasis.


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Product Details
  • ISBN-13: 9783161479083
  • Publisher: Mohr Siebeck
  • Publisher Imprint: Mohr Siebeck
  • Height: 165 mm
  • No of Pages: 520
  • Series Title: Jus Privatum
  • Width: 239 mm
  • ISBN-10: 3161479084
  • Publisher Date: 31 Dec 2003
  • Binding: Hardback
  • Language: German
  • Returnable: N
  • Weight: 907 gr


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