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CONTENTS |
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Preface to the Second Edition |
v |
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Preface to the First Edition |
vii |
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Table of Abbreviations |
xv |
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Table of Cases |
xxvii |
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Table of Statutes |
xxxix |
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1 |
INTRODUCTION |
1 |
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GENERAL APPROACH |
1 |
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Selectivity |
1 |
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Translation |
2 |
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Particular words and expressions |
2 |
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SOURCES OF GERMAN LAW |
4 |
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Generally |
4 |
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Hierarchy |
4 |
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Judicial decisions and academic writings |
5 |
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European Union law |
5 |
2 |
THE CONSTITUTION |
7 |
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NATURE |
7 |
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Generally |
7 |
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THE GERMAN STATE |
9 |
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The Basic Law |
9 |
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Preamble |
9 |
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POLITICAL PARTIES |
11 |
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FLAG |
11 |
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INTERNATIONAL RELATIONS |
13 |
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European Union |
13 |
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International relations generally |
17 |
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THE BOSNIA FLIGHT EXCLUSION ZONE CASE |
19 |
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THE STATES |
43 |
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EXTERNAL RELATIONS |
49 |
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CITIZENS’ RIGHTS |
49 |
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OFFICIALS AND AUTHORITIES |
51 |
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COERCION BY THE FEDERATION |
53 |
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THE LEGISLATURE |
53 |
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Federal Parliament |
53 |
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THE ALL GERMANY ELECTION CASE |
53 |
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Other legislative bodies |
83 |
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THE EXECUTIVE |
83 |
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The President |
83 |
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Federal Government |
83 |
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LEGISLATION |
83 |
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The Federation and the States |
83 |
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Altering the Constitution |
83 |
ix
Sourcebook on German Law
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Regulations |
85 |
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Special cases |
85 |
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Coming into force |
87 |
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ADMINISTRATION |
87 |
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THE JUDICIARY |
87 |
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The Courts |
87 |
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Federal Constitutional Court |
89 |
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Federal Courts |
93 |
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Judges |
93 |
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Constitutional issues |
95 |
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Special courts |
97 |
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Criminal law and the right to be heard |
97 |
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Freedom |
99 |
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FINANCE |
99 |
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DEFENCE |
99 |
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TRANSITIONAL AND FINAL PROVISIONS |
101 |
3 |
HUMAN RIGHTS |
105 |
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INTRODUCTION |
105 |
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Nature of Basic Rights |
105 |
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Who can claim Basic Rights? |
106 |
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Against whom can Basic Rights be claimed? |
106 |
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Limitations on the Basic Rights |
107 |
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THE PRINCIPLE OF PROPORTIONALITY |
108 |
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Status in English law |
108 |
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Status in German law |
108 |
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THE ARRESTED ADMIRAL CASE |
111 |
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THE BASIC RIGHTS THEMSELVES |
129 |
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THE CATTLE SLAUGHTER CASE |
128 |
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THE HOUSEWORK DAY CASE |
141 |
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THE CANNABIS APPLICATION REJECTION CASE |
159 |
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THE RIGHT TO GIVE THE OPPOSITE VIEW CASES |
173 |
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THE INVESTMENT AID ACT CASE |
193 |
4 |
RIGHTS AND OBLIGATIONS |
229 |
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THE CIVIL CODE |
229 |
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PERSONS |
229 |
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Natural persons |
231 |
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LEGAL TRANSACTIONS |
239 |
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Legal transactions, declarations of will and contracts |
239 |
x
Contents
DECLARATIONS OF WILL |
241 |
The concept |
241 |
THE UNINTENDED DECLARATION OF WILL CASE |
243 |
THE LAND PURCHASE MISTAKE CASE |
261 |
THE COMPUTER NON-DISCLOSURE CASE |
283 |
Requirements as to form |
297 |
How a declaration of will becomes effective |
299 |
THE MISDIRECTED WITHDRAWAL DECLARATION CASE |
301 |
Interpretation of a declaration of will |
313 |
Illegality |
313 |
Impropriety |
315 |
INVALIDITY OF A LEGAL TRANSACTION |
315 |
AVOIDANCE GENERALLY |
315 |
PERIODS AND DATES; AND LIMITATION |
317 |
EXERCISE OF RIGHTS |
317 |
SPECIAL DEFENCES |
319 |
THE SHOOTING AT THE DISCO CASE |
321 |
5 CONTRACT |
331 |
OFFER AND ACCEPTANCE |
331 |
Offer |
333 |
THE INTERNET AUCTION CASE |
333 |
Acceptance |
359 |
NEED FOR AGREEMENT |
361 |
AUCTIONS |
363 |
INTERPRETATION OF CONTRACTS |
363 |
CONDITIONS |
363 |
AGENCY |
367 |
CONSENT |
367 |
PERFORMANCE |
369 |
Generally |
369 |
Payments |
371 |
Compensation |
373 |
FRUSTRATION |
375 |
FAULT |
377 |
THE FALL IN THE SUPERMARKET CASE |
377 |
THE TERMINATION OF NEGOTIATIONS CASE |
393 |
IMPOSSIBILITY |
397 |
THE ALLERGY TO HAIR TONIC CASE |
399 |
DELAY |
411 |
CONTENT OF A CONTRACT |
415 |
Generally |
415 |
Determinations |
423 |
xi
Sourcebook on German Law
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MUTUAL CONTRACTS |
425 |
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Generally |
425 |
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PROMISE IN FAVOUR OF A THIRD PARTY |
429 |
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REMAINDER OF THE SECOND BOOK |
431 |
6 |
TORT |
433 |
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NATURE |
433 |
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TWO GENERAL PRINCIPLES OF LIABILITY |
435 |
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General |
435 |
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Statutory |
437 |
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THE FOWL PEST CASE |
439 |
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THE PUBLICATION OF A LETTER CASE |
469 |
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THE NEWSPAPER DELIVERY OBSTRUCTION CASE |
481 |
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HARM TO FINANCIAL STATUS |
503 |
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HARM CONTRARY TO MORALITY |
503 |
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THE FILM DIRECTOR CASE |
505 |
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LIMITATION OF LIABILITY |
559 |
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PLURALITY OF DEFENDANTS |
561 |
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VICARIOUS LIABILITY |
563 |
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Employers |
563 |
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THE FALLEN TELEGRAPH POLE CASE |
565 |
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Supervisors |
573 |
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STRICT LIABILITY AND ANIMALS |
575 |
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Animals |
575 |
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Other cases |
575 |
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LIABILITY FOR BUILDINGS |
577 |
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LIABILITY OF OFFICIALS |
579 |
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THE AIR TRAFFIC CONTROLLERS’ STRIKE CASE |
579 |
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THE KITE CASE |
605 |
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LIABILITY AS BETWEEN DEFENDANTS |
609 |
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COMPENSATION |
609 |
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Personal injury |
609 |
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Other cases |
613 |
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LIMITATION |
615 |
7 |
CRIMINAL LAW |
617 |
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HISTORY AND EFFECTIVE SCOPE |
617 |
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Non-retroactivity |
619 |
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Temporal scope |
619 |
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THE SHOOTINGS AT THE BERLIN WALL CASE |
621 |
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Spatial scope |
683 |
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Time and place of act |
683 |
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Young people |
685 |
xii
Contents
DEFINITIONS |
685 |
PRINCIPLES |
687 |
Omissions, acting for another, intention and negligence |
687 |
Mistakes |
687 |
THE REFERENDUM MISTAKE CASE |
689 |
Punishment linked to consequence |
697 |
Criminal incapacity |
699 |
ATTEMPT |
699 |
PERPETRATORS AND PARTICIPANTS |
701 |
Perpetrators |
701 |
Participants |
701 |
SELF-DEFENCE AND EMERGENCIES |
703 |
Self-defence |
703 |
Emergency |
705 |
ASSESSMENT OF PUNISHMENT |
707 |
One crime or offence |
707 |
Several crimes or offences |
711 |
CRIMES OF INSULT |
715 |
THE INSULT OF SOLDIERS CASE |
715 |
CRIMES AGAINST LIFE |
731 |
THE BASE MOTIVE CASE |
733 |
BODILY INJURY |
739 |
THE ROUGH ILL-TREATMENT CASE |
741 |
Bibliography |
751 |
Index |
753 |
xiii