Alexander GadomskiDas Vollmachtsstatut nach Art. 8 DR-E und Art. 8 EGBGB
Eine vergleichende Analyse des Entwurfs des Deutschen Rates für internationales Privatrecht und der gesetzlichen Regelung
Studien zum Internationalen Privat- und Zivilprozessrecht sowie zum UN-Kaufrecht, volume 80
Hamburg 2024, 548 pages
ISBN 978-3-339-13974-0 (print)
ISBN 978-3-339-13975-7 (eBook)
About this book deutschenglish
What should a conflict-of-law rule on power of attorney in German Private International Law look like?
In response to this question, the German legislator introduced Art. 8 EGBGB on June 17, 2017. This legal norm is based on the proposal of the German Council for Private International Law (Art. 8 DR-E) of 2015 and replaced the previously applicable case law and customary law. According to the statement of legislative process, by introducing Art. 8 EGBGB, the legislator expressly aims to clarify case law and customary law, simplify the application of the law, and create legal certainty (BR-Drucks. 653/16, dated November 4, 2016, p. 22). In his dissertation, the author analyzes to which extent the legislator has achieved these objectives. In that respect he provides some guidelines for the application and interpretation of Art. 8 EGBGB. In addition, he makes suggestions for a possible amendment to the legal norm.
First, the author provides a comprehensive overview of the discussion on the Legal regulation on Power of Attorney-Statute, prior to Art. 8 EGBGB’s entry into force. He discusses previously applicable case law and customary law in detail as well as other opinions in the literature on the conflict-of-laws rule for power of attorney.
The author then provides a comparative commentary on Art. 8 DR-E and EGBGB. In that respect he discusses the respective advantages of and differences between the two legal norms. He also addresses various questions of interpretation and unresolved legal issues in connection with these provisions, to which he also provides solutions. These include, for example:
- the definition of the term “employee,”
- the link between power of attorney and stock exchange transactions and auctions,
- whether and how the rule for power of attorney for litigation should be regulated in a separate paragraph,
- the scope of application of the legal norms,
- and many more
Based on the results of his dissertation, the author finally presents his own draft for Art. 8 EGBGB.