Filter results

Results (1316)

Sort by:

Select all Select all

Page 1

Esther Seitz - Fact-Gathering in Patent Infringement Cases: Rule 34 Discovery and the Saisie-Contrefaçon

Access

Select

Esther Seitz

Fact-Gathering in Patent Infringement Cases: Rule 34 Discovery and the Saisie-Contrefaçon

Series: Munich Intellectual Property Law Center - MIPLC Studies

Volume 4 2009

Results in this title

Custody, Possession, Control S. 18-19

„… hardcopy-production.97 3. Custody, Possession, Control Rule 34 authorizes inspection of things and premises if they …” „… are within either the “possession, custody, or control”98 of a party or proper nonparty.99 Accordingly …” „… concept of “custody, possession or control” is far-reaching, because only one of the three need apply and …”

Premise Inspections S. 17-18

„… , rather than hardcopy-production.97 3. Custody, Possession, Control Rule 34 authorizes inspection of …” „… things and premises if they are within either the “possession, custody, or control”98 of a party or …” „… for inspection.100 Still, the concept of “custody, possession or control” is far-reaching, because …”

Privileges S. 19-21

„… 19 control or have custody of discoverable evidence. Documents in the possession of such legal …” „… to a party’s claim or defense, “including the existence, description, nature, custody, condition and …” „… or defense of any party, including the existence, description, nature, custody, condition, and …”

Obligaton to Preserve and Spoliations S. 19

„… 19 control or have custody of discoverable evidence. Documents in the possession of such legal …” „… to a party’s claim or defense, “including the existence, description, nature, custody, condition and …”

Comparing and Contrasting Basic Aspects of the Saisie and Rule 34 S. 31-34

„… the opponent’s “possession, custody, and control” is broader than the Saisie. Although French law …” „… , has custody or controls those items is irrelevant to the Saisie. Thus, whether discovery or the Saisie …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Inspections 17 3. Custody, Possession, Control 18 4. Obligaton to Preserve and Spoliations 19 B. Context of …”

Third Party Production S. 35-36

„… and tangible items in their possession, custody or control.265 Thus, the two rules are deemed …”

Inspection of Things – Types of Items Covered S. 11-17

„… , custody, or control: (A) any designated documents or electronically stored information--including writings …”

doi.org/10.5771/9783845219714

Federal Constitutional Court - Decisions of the Federal Constitutional Court

No access

Select

Federal Constitutional Court (ed.)

Decisions of the Federal Constitutional Court

2022

Results in this title

8. BVerfGE 75, 201 - Foster Parents - child custody (1987) S. 108-115

„… physical, mental or emotional well-being is endangered by the abusive exercise of parental custody, neglect …” „… the child. Thereupon, the court temporarily withdrew parental custody from the parents, ordered …” „… couple who had no children of their own. Custody was initially withdrawn from both parents permanently …”

Contents/Introduction

„… . BVerfGE 75, 201 Foster Parents - child custody (1987) 869. BVerfGE 78, 77 Public Announcement of Legal …”

Appendix - Basic Law for the Federal Republic of Germany S. 784-893

38. BVerfGE 115, 166 - Telecommunications Surveillance - covert investigation of a judge (2006) S. 505-527

„… suspects were taken into custody. E. was interrogated by police officers H. and N.The investigation files …”

doi.org/10.5771/9783748930006

Tom Barker - Law Enforcement-Perpetrated Homicides

No access

Select

Tom Barker

Law Enforcement-Perpetrated Homicides

2020

Results in this title

Chapter 7 In-Custody Police-Perpetrated Homicides S. 105-118

doi.org/10.5771/9781793601919

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

No access

Select

Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

2013

Results in this title

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… No. 14 BVerfGE 61, 358 of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 – “Joint custody case …” „… custody of divorced spouses for their children is ruled out even if they are willing and suited to …” „… the version of the Act Reforming the Law on Parental Custody (Gesetz zur Neuregelung des Rechts der …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… No. 21 BVerfGE 84, 168 of 7 May 1991 – 1 BvL 32/88 – “Case regarding custody rights for children …” „… joint exercise of parental custody (elterliche Sorge) by the father and the mother of a child born out …” „… exercise her parental custody. Order of the First Senate of 7 May 1991 – 1 BvL 32/88 – in the proceedings …”

BVerfGE 55, 171 Order of the First Senate of 5 November 1980 – 1 BvR 349/80 “Custody case” Accommodation of the will of a child in a ruling on custody after divorce of the parents and ruling of the judge with jurisdiction on the question of the personal hearing of children under the age of 14 S. 156-165

„… No. 11 BVerfGE 55, 171 of 5 November 1980 – 1 BvR 349/80 – “Custody case” HEADNOTES: 1. The …” „… into account in rulings on custody after the divorce of the parents (§ 1671.2 of the Civil Code), and …” „… custody for the son issuing from the dissolved marriage of the complainant re 1) has been assigned to the …”

BVerfGE 72, 122 Order of the First Senate of 18 June 1986 – 1 BvR 857/85 “Withdrawal of custody rights case” Safeguarding the status of children as holders of fundamental rights in the proceedings (supplementary curator) S. 231-244

„… No. 16 BVerfGE 72, 122 of 18 June 1986 – 1 BvR 857/85 – “Withdrawal of custody rights case …” „… parents having custody of the child are prevented from representing their child’s interests. Order of the …” „… proceedings, by means of which custody rights for the complainants in 1) were withdrawn from their unmarried …”

BVerfGE 107, 150 Judgment of the First Senate of 29 January 2003 – 1 BvL 20/99, 1 BvR 933/01 “Case regarding parental custody for children born out of wedlock” § 1626a of the Civil Code is currently compatible with Article 6.2 and 6.5 of the Basic Law, lack of a transitional arrangement for old cases is unconstitutional S. 611-632

„… custody for children born out of wedlock” HEADNOTES: 1. The child’s best interests require that from its …” „… that parental custody of a child born out of wedlock is normally attributed to its mother upon the …” „… child’s birth. 2. The possibility of joint custody facilitated by § 1626a.1 no. 1 of the Civil Code …”

BVerfGE 127, 132 Order of the First Senate of 21 July 2010 – 1 BvR 420/09 “Case regarding custody rights of fathers of children born out of wedlock” Decision regarding the parental right of the father of a child born out of wedlock; incompatibility of § 1626a.1 no. 1 and § 1672.1 of the Civil Code with Article 6.2 of the Basic Law S. 826-851

„… No. 51 BVerfGE 127, 132 of 21 July 2010 – 1 BvR 420/09 – “Case regarding custody rights of fathers …” „… parental custody of his child where the child’s mother does not consent and because he cannot obtain a …” „… the parental custody of his child together with the mother or to transfer the sole parental custody of …”

BVerfGE 60, 79 Order of the First Senate of 17 February 1982 – 1 BvR 188/80 “Case concerning the separation of a child from its family” Separation of a child from its family even where the parents fail without being at fault as the strongest encroachment on parental rights, only if principle of proportionality is strictly observed S. 191-202

„… amended by the Act on Custody of Children, also in case of non-culpable failure of the parents, if it is …” „… complaint concerns the withdrawal of parental custody rights for a legitimate child and the transfer of such …” „… custody rights to a municipal youth welfare office that intends to arrange a foster home for the child. I …”

BVerfGK 5, 161 Order of the First Chamber of the First Senate of 5 April 2005 – 1 BvR 1664/04 “Görgülü III case” Binding effect of a decision of the European Court of Human Rights – constitutional requirements placed on the removal of a child from its foster family S. 724-731

„… March 2004 – 5 F 741/02 SO –, it rejects as unfounded the petition of the complainant for custody …” „… a decision on custody of the Naumburg Higher Regional Court. 1. The child, who was born in August …” „… also transferred custody, the Fourteenth Civil Senate (Third Senate for Family Matters) of the Naumburg …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… obstacles in international cooperation, and the international jurisdiction for a rights of custody ruling is …” „… in breach of rights of custody attributed to a person, an institution or any other body, either …” „… rights of custody mentioned in sub-paragraph a above, may arise in particular by operation of law or by …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… the Civil Partnerships Act grants the partner of a parent with sole custody, with the consent of the …” „… custody” (Article 1 § 9). The statute challenged and the supplementary statute that has not yet come into …” „… ) In addition, in introducing the limited custody in Article 1 § 9, the Act encroaches upon the …”

BVerfGE 106, 166 Order of the First Senate of 29 October 2002 – 1 BvL 16, 17/95, 16/97 “Case involving the advantage acquired through additional counted children” Decision regarding the equal treatment of different forms of family under the law on child benefit S. 577-590

„… dissolved marriage being taken into account. The mother of S., who had custody of him, her first child …” „… ., who had sole custody, would only have received a child benefit totalling DM 200. The defendant …” „… had custody, lived in this household. The plaintiff has another two children from the previous …”

Titelei/Inhaltsverzeichnis

„… November 1980 – 1 BvR 349/80 “Custody case” Accommodation of the will of a child in a ruling on custody …” „… – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint …” „… custody of divorced parents 203 15. BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL …”

BVerfGE 104, 373 Judgment of the First Senate of 30 January 2002 – 1 BvL 23/96 “Double family names case” Exclusion of double family names S. 515-529

„… compatible with the Basic Law that parents with joint custody who do not use a married name may designate as …” „… wedlock, the right to designate the birth name of a child is now linked to the joint right of custody of …” „… the parents or to the sole custody of one parent. The new arrangement has changed the order of the …”

BVerfGE 111, 307 Order of the Second Senate of 14 October 2004 – 2 BvR 1481/04 “Görgülü I case” Obligation to take into account the European Convention on Human Rights and the decisions of the European Court of Human Rights, and the limits of such obligation, in the context of the principle that the judge is bound by statute and law (Article 20.3 of the Basic Law) S. 694-713

„… 2000. b) In an order of 9 March 2001, the Wittenberg Local Court transferred the sole parental custody …” „… guardian after the birth, the Local Court’s custody decision was reversed by order of 20 June 2001 of the …” „… Naumburg Higher Regional Court, and the complainant’s application for transfer of custody was dismissed on …”

BVerfGE 117, 202 Judgment of the First Senate of 13 February 2007 – 1 BvR 421/05 “Secret paternity test case” Decision regarding the right of the legal father to know that his child is biologically his and the obligation of the legislature to make available a suitable procedure S. 759-778

„… custody of the child, in extramarital cohabitation until the beginning of 1997. … a) In the year 2002, the …” „… reason of the infringement of the mother’s right of custody, and that it could therefore not be used as …” „… have sufficient understanding and judgment, the person’s parent who 761 had custody. Against this …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… enable the parent with custody to devote himself or herself to caring for and bringing up the child. … b …” „… constitute an unauthorised commercialisation of parental custody (see BGH, FamRZ 1984, p. 778). However, it …” „… custody to the releasing party was contrary to public policy if the custody arrangement was in the child’s …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… of principle share parental custody as of 31 March 1953, in a matter concerning custody, if the …” „… part of the right of parental custody, which on its part forms the nucleus of the parental power to …” „… Custody (Gesetz zur Neuregelung des Rechts der elterlichen Sorge) of 18 July 1979 (Federal Law Gazette I …”

BVerfGE 24, 119 Order of the First Senate of 29 July 1968 – 1 BvL 20/63, 31/66, 5/67 “Adoption I case” Substitution of parental consent to adoption S. 51-74

„… , custody was withdrawn from the mother at the request of the youth welfare office and transferred to the …” „… of parental power, and unmarried mothers of custody, in substantive terms; it was said that the child …” „… meaning of the Civil Code. Accordingly, deprivation of custody according to § 1666 of the Civil Code could …”

BVerfGE 79, 51 Order of the First Senate of 12 October 1988 – 1 BvR 818/88 “Foster parents case” Removal of a child from its foster family S. 287-300

„… – are to surrender the complainant in 3) – foster child – to the Youth Welfare Office, which has custody …” „… of parental custody, by neglect of the child or by non-culpable failure by the parents. It is thereby …” „… has custody, goes along with his being separated from the foster parents, after which he is to be …”

Index S. 937-956

„… , participation of the parents 591, 601-602 curator ad litem 386, 389, 392-393, 395, 400 custody 156, 724-731 …” „… 694 intimate sphere 169, 181, 189 J joint (parental) custody 206, 611-619, 621-632, 827-836, 838-850 …” „… , 768 · and to clarification and determination 765 parental – custody 390-391 · assigned to one parent …”

BVerfGE 108, 82 Order of the First Senate of 9 April 2003 – 1 BvR 1493/96, 1724/01 “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal, father and the constitutionality of §§ 1600 and 1685 of the Civil Code and § 1711 of the Civil Code old S. 642-668

„… another person with custody over the child (§ 1711.1 of the Civil Code old). However, the guardianship …” „… there had been an abuse of the right of custody, and therefore § 1666 of the Civil Code also did not …” „… and its legal parents, who have custody, as to a challenge of the legal paternity cannot be solved by …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… second plaintiff –. Custody of the daughter was granted to the mother, who is raising the child and does …” „… dissolution of the marriage (see BVerfGE 31, 194 (205)), even if custody has been granted solely to the parent …”

BVerfGE 121, 69 Judgment of the First Senate of 1 April 2008 – 1 BvR 1620/04 “Parental duty of contact case” Decision regarding the compulsory enforcement of an adjudged duty of contact pursuant to § 1684.1 of the Civil Code S. 804-825

„… custody of it, he could at any time transfer his parental rights and duties to a third party either by …” „… party. These options have not been available to him since the mother has sole custody rights. The …” „… right of contact to parents irrespective of whether they have custody rights. Particularly in the case …”

BVerfGE 107, 104 Judgment of the Second Senate of 16 January 2003 – 2 BvR 716/01 “Parental involvement in proceedings under the Juvenile Court Act case” Exclusion of a father with parental rights from proceedings before a juvenile court which involve his son (§ 51.2 of the Juvenile Court Act) S. 591-610

„… and to participate in a social training course. The complainant, who has sole custody for his son, was …” „… of the work, the Local Court ordered juvenile detention in the form of “custody during the minor’s …”

BVerfGE 80, 81 Order of the Second Senate of 18 April 1989 – 2 BvR 1169/84 “Case concerning the adoption of an adult foreigner” Right of residence of an adult foreigner adopted by a German S. 301-310

„… the child’s ability to take action and decisions increases, the responsibility and custody of the …”

BVerfGK 4, 339 Order of the Third Chamber of the First Senate of 28 December 2004 – 1 BvR 2790/04 “Görgülü II case” Arbitrary review of an unappealable arrangement for access – binding effect of a decision of the European Court of Human Rights – weighing of consequences with regard to contact in the form of access S. 714-723

„… transferred custody, the Fourteenth Civil Senate of the Naumburg Higher Regional Court (Third Senate for …”

BVerfGE 105, 1 Order of the First Senate of 5 February 2002 – 1 BvR 105, 559/95, 457/96 “Post-marital maintenance case” Equivalence of family work and gainful employment in the assessment of post-marital maintenance S. 530-540

„… of 1988. The marriage was legally dissolved in October 1992. Parental custody for the daughter was …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… his spouse who had been given custody of the child issued from the marriage. The complainant later …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… Yugoslavian nationals. Complainant 1) received a divorce from her first husband in Yugoslavia in 1978. Custody …”

doi.org/10.5771/9783845237534

Axel Schmidt, Karl Westhoff - Kindeswohl interdisziplinär

No access

Select

Axel Schmidt, Karl Westhoff

Kindeswohl interdisziplinär

2020

Results in this title

IV. Anhang S. 261-318

„… that quantity doesn’t matter. Journal of Child Custody, 15, 26–34. Adamsons, K. & Johnson, S. K. (2013 …” „… . & Drapeau, S. (2016). Child adjustment in joint physical custody versus sole custody: A meta-analytic review …” „… ). Washington, WA: American Psychological Association. Bauserman, R. (2002). Child adjustment in joint-custody …”

III. Der Kindeswohlbegriff in den Humanwissenschaften S. 83-260

I. Einleitung S. 13-24

„… Kelly und Johnston (2005, S. 233–234) fassen diesen Zustand wie folgt zusammen: „Too few custody …”

doi.org/10.5771/9783748904397

1

2 3 ... 264