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Gatsios and P. See generally on the factors that influence state actions from an economic perspective L. See also the discussion by H.

See also F. Parisi and L. Eger and H. Streit and A. This is because states are not in a position to take note of choice of law-clauses across the board and to identify the causes for the choice of a particular contract law.

However, such surveys are difficult and, thus, costly to conduct. In addition, they do not necessarily lead to useful results since businesses and consumers might have different reasons to choose a particular law.

States may have a hard time to adjust their contract laws in a targeted fashion. Many academics, therefore, doubt that the requirements relating to the supply side of regulatory competition are actually met in practice.

Recent developments, however, show that states indeed express an interest in having their contract laws applied and that they are willing to adjust their contract laws to the needs of businesses and consumers.

It emphatically describes the alleged advantages of English law57 and specifically the advantages of English contract law.

English law allows the parties to agree the proportion of benefits which may accrue to either party, allowing the parties much greater flexibility of arrangements than under many civil codes.

Just like the other brochures it specifically focuses on contract law. In contrast to English law, a contract under German law requires no detailed provisions and definitions on issues such as right of retention, set-off or assignment, as these have already been provided by the legislator.

Unless the contract expressly stipulates otherwise, the statutory provisions will apply. It not only contains general provisions applicable to all contracts, but also specific rules for different types of contracts.

These rules provide what are deemed to be equitable solutions to problems that individuals and businesses are likely to encounter in ordinary contracts.

They also enable contracts to be written clearly and succinctly, thereby making them less costly and afford a higher degree of legal certainty.

Contrary to common law countries, the parties do not have to create their own rules for each contract; the contract only needs to stipulate clauses on issues on which the parties wish to exclude or supplement the rules of the Code.

In continental law countries the provisions of contract law are not mandatory on the contracting parties, who are, in principle, free to modify the statutory provisions, in whole or in part, in accordance with the principle of freedom of Bereitgestellt von Staats- und Universitaetsbibliothek Hamburg Angemeldet And, second, they want to attract foreign businesses.

In addition to having an interest in application of their contract laws, states must actually be willing to adjust their contract laws to the needs of businesses and consumers.

Some authors doubt that this is actually the case. First, law reform is a lot more costly than promotion. It is, therefore, rational that states first resort to promotion in order to attract businesses before they engage in law reform.

However, there should be little doubt that states will also be willing to change their contract laws if they actually have to, ie if promotion does not actually attract businesses and consumers.

Second, and more importantly, it is not true that states have not changed their contract laws during the last years. In fact, a large number of states have partly or wholly revised their contract laws over the last two decades.

Take, for example, Germany. After more than 20 years of preparatory work the federal legislator introduced a new law on contractual contract.

This allows the parties to individualize their contractual relationships or to devise new rules for them. Most importantly, you need a functioning and predictable legal infrastructure.

Germany more than meets all of these requirements. See for a detailed account S. See for a detailed account I.

See for a detailed account L. See for a detailed account V. Hartlief and C. This Code, however, did merely take over the old Yugoslav Act of Obligations and did not contain substantial changes.

See for a detailed account D. In Serbia and Spain plans to reform the law of contractual obligations are under way. See for a recent account M.

Jerez Delgado and M. Finally, the Australian government recently undertook a public consultation to explore the scope for reforming Australian contract law.

However, it was a sufficiently important one. Again, it is sufficient that a substantial number does so. Also, it is only natural that states that already have a strong contract law on offer, such as England, or that have a large domestic market for their contract law, such as France, have less incentives to change their contract laws than states whose contract laws are perceived to be less strong or that have only small domestic demand.

Again, the pressure just has to be high enough. Empirical evidence thus suggests that states actually compete for application of their contract laws and that the theoretical problems discussed above do not materialize in practice.

Furthermore, empirical evidence suggests that some states have come off as winners from this competition: according to the above mentioned study by Eisenberg and Miller on US contract law, commercial contracts, notably financing contracts are usually assigned to the law of New York.

Eva-Maria Kieninger, for example, notes that charter contracts are predominantly governed by English law and the law of New York. Ribstein observe that consumer credit contracts are mostly assigned to the laws of Delaware and South Dakota.

C Normative Implications The original theory of regulatory competition assumes that competition for legal products will always enhance efficiency.

More specifically, the theory assumes that regulatory competition will support the evolution of legal rules that satisfy 75 England, however, adopted the Contracts Rights of Third Parties Act in that allows parties to conclude contracts for the benefit of third parties.

At common law the doctrine of consideration had left such contracts unenforceable. Just like markets for goods and services, markets for laws can fail and lead to laws that turn out to be beneficial only for some members of society and not for society at large.

Kerber and V. Streit and W. Vanberg and W. Audit, H. Muir Watt and E. Will regulatory competition induce a race to the top or a race to the bottom?

I The Race to the Top-Scenario Unfortunately, there is, as of yet no clear-cut answer to this question.

Bebchuk and A. Dodd and R. Note, however, that there are empirical studies that show that the stock market price of a publicly held corporation increase following incorporation in Delaware see, for example, M.

Bradley and C. Heron and W. Netter and A. However, for various reasons these event Bereitgestellt von Staats- und Universitaetsbibliothek Hamburg Angemeldet Rather they have an incentive to account for the interests of all parties involved.

See for a detailed discussion S. Bhagat and R. They are not even publicly available. The only way to determine the effects of regulatory competition, therefore, would be to analyse the effects of a reform of contract law: if more parties decide to choose a certain contract law after it has been changed than before it may be assumed that the reform and, thus, regulatory competition, has had positive effects.

This is because an increased number of choice of law-clauses indicates that the contract law satisfies the preferences of more parties than before the reform.

Unfortunately, there is as of yet no empirical evidence as to whether recent reforms in contract law have actually triggered any such development.

Most importantly, it is based on the assumption that parties to an international contract have the same or comparable preferences as parties to a domestic contract.

Of course, whether this assumption actually holds in practice remains to be tested empirically. The right to choose the applicable law should, therefore, not only be rooted in national law, but additionally in international law.

And in at least two Latin American countries Article 7 of the Mexico Convention allows parties to choose the applicable law.

For the rest of the world, work is in progress: the Hague Conference on Private International Law is currently working on uniform rules dealing with choice of law-clauses in commercial contracts.

In addition to ensuring freedom of choice, regulatory competition should also be promoted by extending the scope of freedom of choice.

Gottschalk, R. Michaels, G. See for a detailed discussion infra at C II. Whether this is actually the case, remains unclear.

Joost, H. Oetker and M. See for a general description of problems relating to optional instruments H. It will not take place between national contract laws, but between national contract laws on the one hand and international or supranational contract laws on the other.

And, of course, for vertical regulatory competition to have positive effects certain conditions need to be met.

II The Race to the Bottom-Scenario That regulatory competition is more likely to induce a race to the top does not mean that occurrence of a race to the bottom is excluded altogether.

In fact, there are cases that are more likely to trigger a race to the bottom than a race to the top. Grundmann and W. Grundmann and J.

Gomez and J. See H. Jansen, E. Kieninger, G. Wagner and R. In the first case the choice of law clause is drafted by one sophisticated party that imposes its choice on the other party.

Examples include choice of law clauses in consumer contracts or, more generally, choice of law clauses in general conditions of contracts.

In the second case the choice of law clause affects third parties who do not have a say during the drafting process.

Examples include contracts for the benefit of third parties. In both cases, legislators have to enact laws that cater to the preferences of only those parties that actually choose the applicable law if they want to have their contract laws applied.

Lack of equal bargaining power and lack of participation in the drafting process may, thus, lead to one-sided laws that may eventually induce a race to the bottom.

Under the condition that these minimum standards account for the preferences of society at large, harmonisation may effectively prevent states from enacting one-sided laws apt to induce a race to the bottom.

Note, however, that this conclusion is not imperative. In fact, a large number of authors, notably public choice theorists, question the merits of regulation as a means to remedy market imperfections.

In view of the directives of the European Union, for example, the effects of harmonisation are limited to the contract laws of the member states.

It follows that a race to the bottom cannot be avoided if the contract law of a non-member state applies, for example, by way of a choice of law which, of course, does not necessarily account for the interests of weaker and third parties.

And this is the level of private international law. Under the condition that it manages to ensure that a choice of law mirrors the preferences of all parties involved, it may prevent states from enacting laws that cater to the preferences of some people at the expense of others.

And, indeed, most national and international private international law regimes do not allow the parties to make an entirely free choice if one of the parties is perceived to be weaker than the other or if the choice affects the rights of third parties.

And according to Article 3 2 Sentence 3 of the Rome I-Regulation a choice of law entered into after the conclusion of the contract must not adversely affect the rights of third parties.

Both provisions ensure that a choice of law will have to account for the interests of weaker parties, ie consumers, and third parties not directly involved in the choice.

Legislators, thus, may not ignore these interests when enacting rules of substantive contract law. See for a detailed discussion G.

Bork, T. This is because horizontal regulatory competition takes place between national contract laws and is brought about by a choice of law on the level of private international law.

Take, for example, the Common European Sales Law. See also P. Almost , copies of the recording were sold at the time. It became known that Jürgen Hart was seriously ill in October he died of bone cancer half a year later.

His family implemented his wish that his grave should be positioned next to that of the Saxon dialect poet Lene Voigt in Leipzig 's Südfriedhof South Cemetery.

Jürgen Hart's widow Katrin remains a member of the "academixer" cabaret. From Wikipedia, the free encyclopedia.

Retrieved 2 July Der Spiegel online. Der Leipziger Kabarettist wäre in diesem Jahr 70 geworden. Die Biographie". Verein "Musik aus Deutschland e.

Retrieved 3 July Kabarett academixer GmbH, Leipzig. Neues Deutschland , Berlin. Retrieved 4 July Eulenspiegel Verlag.

Märchen ohne Grimm und Groll". Von ihren Gesängen eigentlich kaum. Und an jene ein Jahrzehnt vor dem Zusammenkrachen des Arbeiter- und Bauernstaates entstandene Sachsenhymne hat schon gar keiner mehr erinnert.

Das wollen wir hier nachholen. Und auch gleich noch einiger weiterer sächsischer Hymnen gedenken. Freie Presse.

Weinkauf 23 February Namespaces Article Talk. Views Read Edit View history.

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