Law of Remedies

While “thinking in terms of claims” prevails in Germany, especially in legal training, a distinction is made between rights and remedies in Anglo-American law. The enforcement of rights is understood as an independent problem area. Unlike in German private law, there are separate textbooks and entire lectures explicitly on “remedies”. The development of a law of remedies in Germany also appears to be a research desideratum – especially against the background of European legal developments. It is precisely through the differentiated enforcement of rights that conflicting interests can be fairly balanced.

In addition to outlining a “law of remedies”, the following topics are the subject of current research:

• The analysis of individual claims (in particular claims for injunctive relief),
• the enforcement of intellectual property and personality rights on the internet (intermediary liability) and
• questions relating to warning letters as extrajudicial enforcement of rights.
• Questions relating to private enforcement and the possibilities/risks of automated law enforcement are also of interest.