7. Gemeinschaftliche Seminar mit der Fudan Universität im Frühjahr 2014 in Shanghai

Seminarthemen

Basic Contract and Tort Law (Stadler)

  • Compensation of immaterial damage - requirements, objectives and calculation in German and Chinese Law
  • Moral damage - compensation in case of bereavement/loss of family members in German and European tort law / Chinese Perspective
  • The relation and interaction between civil and criminal law: Civil and criminal law - a cross-linked system? (Deterrence - a legitimate objective of civil law or monopoly of criminal law?)
  • The relation and interaction between civil and criminal law: Interrelation of civil and criminal court proceedings (should civil courts be bound by the decisions or fact finding of criminal courts? Should civil courts rely on testimony and expert opinions presented during criminal proceedings?)

Business and Commercial Law (Glöckner)

  • Criminal sanctions of competition law infringements (status, recent developments in the EU and the Member States; German and Chinese perspective)
  • Compensation and pre-emption within the framework of private enforcement of competition law (current status based on the Commission's proposal for a Directive on damages, German and Chinese perspective; competition of venues for private litigation within the EU)
  • Competition law and private Law - specific rules, overspill and harmonization through the back door (provisions of the proposal for a Directive on damages relating to general aspects of liability, e.g. joint and several liability, attribution of conduct and negligence, attribution of liability within concern relations)
  • Internal structure and mechanisms of control in incorporated companies - the role and function of the Board of Directors and the Executive Board in the German two-tier system and solutions in Chinese law

Economic Crime Law (Theile)

  • Insider trading: the blank form of § 38 WpHG with regard to the constitutional law in Germany - Criminal sacntions for insider trading in China
  • Capital investment fraud in Germany (Section § 264a of the German Criminal Code) - The protection of legal interests of the public as objective for economic crime law /capital investment fraud in China
  • Obtaining credit by deception in Germany (Section 265b of the German Criminal Code) / Obtaining credit by deception in China
  • Embezzlement and abuse of trust and the principle of certainty in Germany (Section 266 of the German Criminal Code) /Embezzlement and abuse of trust in China