Main Content

Research

Our research focuses on the private law areas of corporate and capital market law, banking law, contract law, European law, legal theory and comparative law. In terms of content, we focus on three main areas:

Innovation and digitalization

Innovation and digitalization are bringing about a fundamental transformation of almost all areas of life; they are considered drivers of a new “industrial revolution.” This technological development poses fundamental challenge for law, which this chair’s research team would like to address. In accordance with our legal focus, the relationship between contract law and innovation stand in the foreground; in addition to numerous individual contributions, an anthology has been published on this topic, summarizing the results of a recently organized conference. Second, we focus on digitalization in corporate law, which is increasingly important because digitalization is company-driven but also changes entrepreneurial actions and corporate structures. Third and last, we are researching the financial innovation and digitalization of the financial industry; in addition to an anthology and numerous individual papers, a large manual on legal issues in “FinTech” has already been published in a second edition. It is edited by the holder of this chair together with Prof. Sebastian Omlor.

Social responsibility—especially of companies

In these times of climate change and dwindling natural resources, securing the foundations of ecology, society, and the economy is the great challenge of our time. Because nations are increasingly overburdened coping with this task, market forces must be activated to create incentives for companies and other market players to act in sustainable ways. As the saying goes, “social enterprise lawmaking is a growth industry,” which is why: In the United States and many European countries, social enterprise law is increasingly important, providing for a proliferation of new corporate legal forms, rules for sustainability reporting, and certification tools. In our research, we address the resulting issues from the perspective of comparative and European law. For example, Florian Möslein was involved in the plans for introducing a “Statute for Social and Solidarity-Based Enterprises,” which has been under discussion by the European Parliament. In addition, a research project has been attached to this chair, funded by the German Research Foundation and dealing with the certification of sustainable corporations.

Rulemaking theory

The third area of rulemaking theory concerns questions of the “how” of legal standardization, and specifically whether rules are default or mandatory, abstract or concrete, regulated by law or by contract, etc. Florian Möslein’s habilitation thesis on default rules forms an important basis here. In addition, he has published numerous individual articles in this area, e.g. on general terms and conditions, private rulemaking, references to regulatory economics, consumer protection tools, and certification mechanisms. A research project on contract governance has resulted in an English-language anthology published by Oxford University Press. In addition, Florian Möslein has edited a volume titled Rulemaking in Private Law by Mohr Siebeck.