German National Reports on the 22nd International Congress of Comparative Law

This volume brings together a selection of contributions by members of the German Association for Comparative Law presented at the 22nd International Congress of Comparative Law 2026 in Berlin. It offers an overview of the conference’s diverse subject areas and reflects the current state of debate within German legal scholarship.

The volume presents a collection of contributions to the 22nd International Congress of Comparative Law, held in Berlin (Germany) in September 2025. Members of the German Association for Comparative Law provide national reports on the current state of German law and jurisprudence on the various topics of the General Congress. Contributions from all areas of law cover a wide range of topics, including legal education, private law, labour law, private international law, criminal law, administrative law, constitutional law, public international law, environmental law, art law, intellectual property, tax law and procedural law. The comprehensive view of national reports highlights several overarching topics and issues, most importantly the role of comparative law as a core aspect of legal unification and regional and global harmonisation of laws, and the ever stronger influence of digitalisation and artificial intelligence on legal theory and practice.

Mareike Schmidt: Teaching comparative law subjects in Germany - Caroline Sophie Rapatz: Mistrust in the trust, but overconfidence in fiducia? The uneasy relationship of German law to trust-like legal instruments - Gregor Kirchhof: Freedom and security - Malte Kramme/Lucas Gerlach: Artificial Intelligence in Civil Proceedings - Kai Purnhagen: Natural Resource Restoration: A Challenge for the Global Sustainable Food System - Lena Kunz: Innovative Complements and Substitutes for Contracts in German Digital Contract Law - Katharina de la Durantaye/Arne Radeisen: The Phenomenon of Intellectual Monopoly Capitalism - Judith Brockmann: The Future of Work in the Digital Context. Fears and Opportunities from a German Legal Perspective - Michael Stöber: Autonomous Ships in German Law - Frank Schorkopf: The Separation of Powers and Constitutional Review - Moritz Hennemann: Data Protection and Social Media - Michael Fehling: The Use of Foreign Law by German Courts. Dealing with Administrative Law Matters - Michael Droege: The State as Taxpayer Economic Activity of the State and Related Tax Obligations - Bettina Weisser: Sexual Offences in German Criminal Law. The Current State of the Law and Some Unresolved Questions - Anna Helena Albrecht: Participation of Non-Judges in the Administration of Criminal Justice in Germany. Also: Criminal Adjudication Under Pressure - Andreas von Arnauld: Germany's Commitment to the Rule of Law - Felix M. Wilke: The Application of the Lex Fori Developments in Practice and Foundations in Theory - Ben Köhler: The Aspiration of Self-Sufficiency of International Contracts and the Challenge of Their Uniform Interpretation in the Resolution of Commercial Disputes - Meik Thöne: Arbitration and the International Commercial Courts - Sabine Schlacke: Energy Transition: German Regulation of New Sources of Energy - Philipp Hacker: Artificial Intelligence in German Legal Education - Robert Magnus/Christian Reichelt: Property Law Issues in International Investment Arbitration. A German Perspective - Hannes Wais: Arts and Law: The Challenge of Contemporary Art to Private Law

• Edited by Stefan Grundmann
• Edited by Caroline Sophie Rapatz