Institute

Max Planck Institute for Comparative and International Private Law

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Contact

PhD & Postdoc Enquiries
job@mpipriv.de

Mittelweg 187
20148 Hamburg
Germany

From the European Single Market to the global interweaving of multi-national businesses or financial firms to our increasingly international everyday lives, the world around us is steadily converging. At the same time, our laws are encountering the limits of their application. The Max Planck Institute for Comparative and International Private Law embraces the task of critically studying the social, economic and legal challenges of globalization.

Comparative analysis of law is at the heart of the Institute’s scholarship. By applying this method, Institute researchers aim to determine the differences and similarities among the world’s legal systems. Comparative analysis enables them to distill findings on the development, classification and function of both domestic and foreign law. In turn, these findings become the basis of proposals furthering the development, harmonization and unification of law—at the European as well as global level.

Starting from an analysis of the differences and commonalities among legal systems in Europe and around the world, the Institute studies the interrelationships among private rule-formation, national legal systems, supranational law and intergovernmental agreements. The Institute’s research also serves to establish foundations for international understanding of law and develop rules and instruments to better coordinate the application of national legal systems to cross-border matters.

Research Areas

Comparative law and foreign private law are the core topics of academic work undertaken at the Institute. The methodological approaches of international comparative law date back to the time of the Institute’s founding, and they remain a fundamental building block of Institute research. Institute scholars aim to determine the differences and similarities among the world’s legal systems. The resulting findings become the basis for proposals fostering a further development of the law. Many research projects also focus on interpreting the historical foundations of modern civil law.

Projects

The Institute is dedicated to performing foundational research and has consequently always addressed the fundamental methodological questions of (private) law. In doing so, it is essential that the approaches and insights of related disciplines such as legal history, legal theory, legal sociology and law and economics be integrated into the research.

Projects

Questions concerning international legal jurisdiction, cross-border cooperation among courts and judicial authorities, the applicability of foreign legal norms, and the legal force of national court decisions abroad form the foundation of this research area. The advancement of international private law, especially the growing body of conflict-of-law rules in EU legislation, informs the topics of many of the Institute’s research projects.

Projects

Commercial, company, and capital market law is another of the Institute’s main research areas. Foundational and current issues are examined critically on a broad comparative basis and placed in a wider historical and international context. The Institute also develops regulatory proposals for reforms at the national, European and international levels as appropriate. This research particularly distinguishes itself through its interdisciplinary orientation.

Projects

The Institute aims to offer critical input on developments in European private law from a scholarly perspective. It is committed to providing scholarly guidance through the maze of discourses and regulations, analyzing and systematizing the puzzle pieces of the piecemeal regulations of European private law, and developing new proposals for solutions.

This field of research focuses on the legal topics of marriage, family, filiation, protection of adults, caregiving, and privacy. In order to clarify the conditions and conditionality of current developments in family law, we subject the field’s prevailing trends, guiding principles and concepts to interdisciplinary and comparative analysis.

In particular, the aim is to better understand the specific arrangements existing amongst legal actors and society as well as the interplay of dogma, discourse and interpretation—for it is only through a genuine appreciation of the present that a meaningful prediction of the future becomes possible.

The results of the Institute’s research are reflected in academic publications as well as in the recommendations and expert opinion papers prepared for commissions, governments and courts. Additionally, the scholars employed at the Max Planck Institute for Private Law regularly play a role in the formulation of laws at both the national and international level. International partnerships and the establishment of academic networks with domestic and foreign research institutes and universities foster new directions in scholarly inquiry.

The Institute was founded in 1926 as part of the Kaiser Wilhelm Society. Its first Director was Ernst Rabel, whose monograph Das Recht des Warenkaufs (The Law of the Sale of Goods) was a ground-breaking work in international comparative law. In 1949 the Institute was integrated into the Max Planck Society for the Advancement of Science. It has been located in Hamburg since 1956.

Directors