“Law and Art” was the overall theme for this year’s Anwaltstag, held in München last week. One of the sessions was devoted to “Restitution in the Absence of Claims – Finding Fair Solutions Beyond the Law” (Restitution ohne Anspruch – gerechte Lösungen jenseits des Rechts). Here’s a link to a short video summarizing the discussion. While solutions beyond the law may be difficult to find, the prospects for law-based restitution claims appear to have improved recently, both legally and factually. Continue reading
This post does not deal with the ICJ’s judgment in Germany v. Italy – Greece intervening (February 4, 2012) – we may come to that later. This post addresses the theoretical and philosophical underpinnings of today’s quarterfinal in Gdansk: All you need to know about the match has been summarized by Monty Python in their seminal work Internationale Philosophie – Rückspiel. For Monty Python’s theoretical and philosophical underpinnings see Hardcastle’s Themes in Contemporary Analytic Philosophy as Reflected in the Work of Monty Python. May the best idea win!
Whatever they told you in law school about the difference between common law system based on case law and a codified civil law system, the truth of the matter is that even a codified civil law system heavily relies on precedent. But in high-profile matters such as Lehman certificates litigation or or disputes about Clerical Medical’s life insurance policies, the creation of new precedents has increasingly been prevented, causing controversy. In these matters, typically dozens or even hundred of similar cases are pending in different district courts and courts of appeals across the country, all eagerly waiting for Federal Supreme Court (Bundesgerichtshof) in Karlsruhe to issue guidance. Continue reading