Jan Sramek Verlag

http://www.jan-sramek-verlag.at

About

Jan Sramek Verlag publishes legal books for professionals and the scientific community. The main focus is Austrian and comparative law as well as the law of the European Union. Additionally you will find in our programme titles from neighbour disciplines like taxes, economy, politics and philosophy.

Peer review info

Peer-Review at the FWF: All funded books pass through an independent academic peer review process prior to publication. Either the FWF or the publisher handle the peer review process. The FWF asks for at least one written review from an international renowned expert outside of Austria. In cases where the publisher itself handles the peer review process, the publisher has to ask for at least two peer reviews meeting the requirements of the FWF. This means: Reviews must not be carried out by persons who may have or may be suspected to have a conflict of interest with regard to the authors, editors or other persons involved in the publication. Reviewers are considered to have a conflict of interest in cases where they might benefit personally or financially from the approval or rejection of the application. The same applies to cases where reviewers have worked at the same research institution, published or cooperated with the applicant or another person involved in the publication in the last five years, or where the reviewers have fundamental differences of scholarly opinion or close professional and/or personal relationships with the applicant or another person involved in the publication. Scholars who work in Austria must not be called in as reviewers. Peer reviews must be meaningful and comparable with reviews obtained by the FWF. Publishers could only conduct the peer review by themselves if they have an international peer review process for the selection of publications. The review process must be described in a transparent manner on the web site of the publisher.

License info


Browse results: Found 7

Listing 1 - 7 of 7
Basic Questions of Tort Law from a Comparative Perspective

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ISBN: 9783709700402 Year: Pages: 914 Seiten DOI: 10.26530/OAPEN_574832 Language: English
Publisher: Jan Sramek Verlag Grant: Austrian Science Fund - PUB 301
Added to DOAB on : 2015-09-08 11:01:56
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Abstract

The starting point for this project on the »Basic Questions of Tort Law« was the book written by Helmut Koziol, the »Basic Questions of Tort Law from a Germanic Perspective« (Sramek Verlag, 2012), a volume which presented an introduction into the law of torts from a Germanic perspective. Colleagues from seven countries were then invited to give critical responses to the ideas presented in the 2012 volume. The comparative law conclusions then attempt to pick up on the ideas expressed in the legal systems examined and to make them amenable for debate on the further development of the legal systems and their harmonisation.German Version: http://e-book.fwf.ac.at/o:603

Bereicherung und Schadenersatz im Immaterialgüterrecht

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ISBN: 9783709700631 Year: Pages: 211 Seiten Language: German
Publisher: Jan Sramek Verlag Grant: Austrian Science Fund (FWF) - PUB 477
Added to DOAB on : 2019-01-15 13:34:16

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The special rules on unjust enrichment and damages in intellectual property law are subject of a discussion where representatives of civil law criticise them as incoherent in the general system of civil law and representatives of intellectual property law justify this incoherence with their practical utility. This book shows that it is important to bring general civil law in dialogue with the rules of “special private law” in order to link practical utility and theoretical coherence and to realize pragmatic solutions for certain cases within the frame of a coherent legal system.

Die Gemeinschaftlichkeit der Beweismittel

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ISBN: 9783709700617 Year: Pages: 361 Seiten DOI: 10.26530/OAPEN_615740 Language: German
Publisher: Jan Sramek Verlag Grant: Austrian Science Fund - PUB 284
Added to DOAB on : 2016-09-21 11:01:16
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In the part regarding taking of evidence of the Austrian Code of Civil Procedure, one can find provisions referring to so called common pieces of evidence. In academic literature a general principle of right to provide evidence is derived therefrom according to which a party in a lawsuit is obliged to assist and support also the opposing party to a certain extent. One of the facts by which such duty to cooperate is imposed on the parties by procedural law are common pieces of evidence.

Grundfragen des Schadenersatzrechts aus rechtsvergleichender Sicht

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ISBN: 9783709700488 Year: Pages: 991 Seiten DOI: 10.26530/OAPEN_515190 Language: German
Publisher: Jan Sramek Verlag Grant: Austrian Science Fund - PUB 259
Added to DOAB on : 2015-01-18 11:01:12
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The volume contains the critical responses from the perspective of other legal systems to the propositions Helmut Koziol puts forward in 2012 in his book “Basic Questions of Tort Law from a Germanic Perspective”.These reports not only describe the legal situation in selected legal systems, but also give a critical response to the propositions developed in respect of the Germanic legal family. Moreover, they consider the possible incorporation or rejection of the said propositions into the legal systems.This study is not only intended to promote mutual understanding between the individual legal systems but also to provide a basis for them to gradually grow together by means of both the internal development of the national legal systems and supranational elaboration of bodies of rules. English Version: http://e-book.fwf.ac.at/o:815

Das materielle Computerstrafrecht

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ISBN: 9783709700433 Year: Pages: 701 Seiten DOI: 10.26530/OAPEN_612150 Language: German
Publisher: Jan Sramek Verlag Grant: Austrian Science Fund - PUB 300
Added to DOAB on : 2016-07-20 11:01:15
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The aims of the present study are to describe the modern forms of cybercrime and analyze the substantive computer-specific offences of the Austrian Penal Code by the means of specialist literature and – as available – relevant judgments. Based on the debate about the terms “cybercrime” or “computer criminal law” and the term of data in the Austrian Penal Code, the specific substantive computer-specific offences, including the penal provision of the Data Protection Code concerning the criminal protection of personal data, are presented and discussed systematically.

Rechtsschutz und Grenzen des Rechtsschutzes in der Verwaltung und in der Verfassung

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ISBN: 9783902638519 Year: Pages: 140 Seiten DOI: 10.26530/OAPEN_437230 Language: German
Publisher: Jan Sramek Verlag Grant: Austrian Science Fund - D 4368
Added to DOAB on : 2013-03-27 11:50:04
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The starting point for my thesis, or rather the revised version of my thesis, was the fact that parties in a civil, criminal or administrative case have no legal entitlement either to the launch of judicial review proceedings (Normprüfungsverfahren) by the Austrian constitutional court (VfGH) or to the submission of questions of interpretation to the ECJ. The absence of any such legal entitlement raises the question of whether a party could not obtain a remedy by taking the direct route using an Individualantrag or individual application to the constitutional court in accordance with Art 139 or Art 140 B-VG (Austrian Federal Constitutional Act). In practice, however, this route is frequently blocked by the strict prerequisites for admissibility and formal requirements governing an individual application. This paper analyses whether the rigid admission procedure truly reflects the aim of the constitution/legislator. The focus of this paper is thus a detailed analysis of the Individualantrag. In the event of failure to obtain a mandatory preliminary ruling from the ECJ, VfGH practice recognises that this constitutes violation of the Austrian right to a hearing before an impartial and competent judge (Recht auf den gesetzlichen Richter). The thesis/the revised version of this thesis highlights a further interpretation of the above right to a hearing, an interpretation under which unlawful failure to launch a judicial review also constitutes breach of this right. Furthermore, the paper examines whether Art 13 ECHR (Right to an effective remedy) and Art 6 ECHR (Right to a fair trial) are also violated in the two aforementioned cases. Established case law states that claims for state liability on the grounds of state contravention of Community law are to be brought under the constitutional court's Kausalgerichtsbarkeit or jurisdiction for monetary claims against public bodies for which there is no other remedy, in accordance with Art 137 B-VG. In the light of this, this paper looks in detail at why unlawful failure to launch judicial review proceedings can also result in claims for state liability.It also uncovers shortcomings in legal remedy in the implementation of EU law. In the context of the above topics, which form the core of my thesis/the revised version of my thesis, the paper will introduce the system of legal remedy under the Austrian federal constitution including the key ordinary and extraordinary remedies under sovereign, public administration (Hoheitsverwaltung), briefly address legal remedy under private law administration (Privatwirtschaftsverwaltung), and finally outline other institutions with responsibility for legal relief such as the Volksanwaltschaft (Austrian Ombudsman Board) and the Rechnungshof (Austrian Court of Auditors).

Verkehrte Leidenschaft

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ISBN: 9783709702055 Year: Pages: 478 Seiten Language: German
Publisher: Jan Sramek Verlag Grant: Image Certificate - PUB 592
Added to DOAB on : 2019-08-02 11:21:12
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Abstract

The book scrutinizes the legal-historical development of the crime "unnatural fornication". The analysis focuses on contemporary law and sexual science sources as well as files from criminal proceedings for same-sex fornication. lt shows how different negotiation processes influenced the ideas of the "immoral", thesexual and the gender.

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