RabelsZ 89 (2025): Issue 4

The most recent subject of RabelsZ has simply been launched. The desk of contents is obtainable right here. All content material is Open Entry: CC BY 4.0. Newer articles and e book opinions can be found On-line First.

ESSAYS

Anne Röthel, Debatten über das Vergleichen. Wanderungen zwischen Rechtsvergleichung und Komparatistik [Debates about Comparison. Journeys between Comparative Law and Comparative Literature], pp 615–647, https://doi.org/10.1628/rabelsZ-2025-0060

Many educational fields look to comparative strategies in pursuit of perception, with students debating learn how to proceed and what they hope to study from the comparability. This text explores what comparative regulation stands to achieve from interdisciplinary dialog with different fields of comparative inquiry. By means of instance, it evaluates the potential achieve from a number of journeys into the sector of comparative literature. At first, these journeys backwards and forwards between disciplines reveal quite a few parallels: a putting resemblance between every subject’s narrative of its personal turning into; each fields’ publicity to basic criticisms; each fields ethicizing alongside related trajectories; each’s encounter with associated dilemmas. On the similar time, these journeys into comparative literature reveal implicit hierarchies and orientations in comparative regulation. However these cursory journeys by the historical past of comparative literature additionally counsel that comparative regulation would do properly to keep away from letting its personal debates over the route of the sector veer into polarization and name-calling, right into a form of wrestle that’s largely unwinnable and unproductive.

João Costa-Neto, João Guilherme Sarmento, From Roman Marriage to Single Unions.Defining the Necessities for de facto and Registered Partnerships, pp. 648–682, https://doi.org/10.1628/rabelsZ-2025-0059

This examine examines the historic and comparative evolution of household regulation, tracing the transition from Roman marriage to up to date partnerships. The article explores how Roman regulation conceptualised marriage as a social establishment primarily based on affectio maritalis, detailing its transformation by Christian doctrine into an indissoluble sacrament and its subsequent adaptation inside trendy authorized methods. By analysing authorized frameworks in Germany, Italy, France, England, and Brazil, the inquiry highlights the various levels of recognition granted to single unions, from casual cohabitation to registered partnerships. The comparative evaluation reveals the dynamic interaction between custom, societal norms, and authorized evolution, underscoring how distinct authorized methods stability autonomy and safety in household regulation. This work contributes to the broader discourse on the harmonisation of household regulation and the impression of evolving societal values on authorized establishments.

Tom Hick, Claiming Again Anticipatory Efficiency after Failed Negotiations.A Comparative Evaluation of Options to Precontractual Legal responsibility, pp. 683–713, https://doi.org/10.1628/rabelsZ-2025-0049

As a matter of precept, breaking-off negotiations or refusing a contract supply are lawful actions. For primarily based on freedom of contract, every particular person is free to contract, free to decide on one’s counterpart and the content material of the contract, and equally free to not contract. Solely exceptionally can a celebration be held responsible for breaking-off negotiations primarily based on wrongful conduct. Therefore, it seems worthwhile to search for various approaches to get well fruitlessly incurred prices within the context of negotiations that failed independently of any wrongful conduct. Undue cost provides exactly this risk. Subsequently, the current contribution provides an exploratory take a look at the possibilities of success of an motion for undue cost to get well prices incurred within the context of failed contract negotiations in Belgium, France, the Netherlands, and Germany. The paper finds that in these instances the place fruitlessly incurred prices technically qualify as a cost within the respective nationwide authorized system, the prospects for the celebration looking for to get well these prices are surprisingly constructive.

Derwis Dilek, Sebastian Omlor, Dominik Skauradszun, A New Non-public Worldwide Regulation for Digital Property, pp. 714–742, https://doi.org/10.1628/rabelsZ-2025-0053

The growing reputation of digital belongings presents vital challenges for personal worldwide regulation, as basic conflict-of-laws guidelines regarding proprietary points are sometimes absent. This text outlines a potential method to a technologically impartial and function-based conflict-of-laws framework. Taking current devices under consideration, it examines particularly the function of celebration autonomy by a choice-of-law rule, in addition to various connecting components primarily based on structural, practical, or factual hyperlinks between digital belongings and authorized methods. Constructing on this, the article proposes a conflict-of-laws framework for figuring out the regulation relevant to proprietary points. This framework is designed to be relevant to numerous sorts of digital belongings, together with these primarily based on decentralized networks. The proposed draft rule combines an categorical choice-of-law possibility with a multi-layered system of goal connecting components and contains supplementary mechanisms for instances the place the relevant regulation lacks substantive provisions.

Claudia Mayer, Keine verfahrensrechtliche Anerkennung von beurkundeten oder registrierten familienrechtlichen Rechtsgeschäften innerhalb der EU, [No Procedural Recognition of Acts Affecting Personal Status Based on Certificates Issued by Public Agencies within the EU], pp. 743–765, https://doi.org/10.1628/rabelsZ-2025-0058

In EU regulation, there’s a discernible tendency on the a part of the EU legislature to topic authorized acts to procedural recognition – together with as to their substance – primarily based on certificates of recording or different kinds of paperwork issued by public companies. It has due to this fact already been argued within the literature {that a} change of methodology has taken place whereby the conflict-of-laws in addition to substantive assessment within the receiving state has been changed by a recognition system. However this place should be rejected; usually, such paperwork issued by public companies, from a procedural viewpoint, solely have formal probative worth. If the validity of the underlying authorized act is finally unsure from the viewpoint of the originating state and if no (procedural) place may be established primarily based on the state’s participation, the substance of the act could and should be re-examined by the receiving state in accordance with the regulation designated by a battle of legal guidelines examination there, even on the threat of making a limping authorized relationship. The ECJ’s case regulation on Artwork. 21 of the TFEU doesn’t alter this precept. To additional forestall limping authorized relationships on the European degree, what is required as a substitute is best standardization of the battle of legal guidelines in EU secondary regulation.

BOOK REVIEWS

This subject additionally comprises a number of opinions of literature within the fields of comparative personal and personal worldwide regulation and on associated matters (pp. 766–820).