Chair of Civil Law, Commercial Law, Employment Law and Legal Theory
Welcome to the Chair of Prof. Daniel Klocke, LL.M.oec. The Chair teaching and research in the fields of Civil Law, Commercial Law, Employment Law and Legal Theory.
Civil law regulates the legal relations of private persons. So-called private law is based on the principle of privity of contract its central mechanism is the contract. To give individuals sufficient scope to assert their interests, the law of obligations is strictly dispositive.
On the other hand, employment law is often mandatory and serves to protect the contracting party providing services in personal dependency. In this area, privity of contract can lead to one contracting party imposing its interests on the other party. Therefore, collective employment law complements the principle of privity of contract with several collective negotiation mechanisms. Building collective strength creates an antithesis which in principle guarantees solutions that do justice to the interests involved.
Private commercial law comprises all norms which between them provide the rules for those participating in economic life. The unfair competition law (UCA) in particular emphasises the need to protect not only the competitor but also the consumer and the market as such.
Legal theory is concerned with the fundamental issue: what constitutes law? This also includes the subarea of legal methodology. Particular attention is paid by the Chair to the principles and limitations of further development of the law: whilst employment law is traditionally formed by case law, consumer law uses case law primarily to ensure that conditions conform to union law.