Lehrstuhl für Bürgerliches Recht, Zivilprozessrecht, Medizinrecht und Rechtsvergleichung

Winter semester 2024/ 2025

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§ 44 Continuing Power of Attorney, Guardianship Directive and the living will

together with Johan Schrader
in: Münchener Anwaltshandbuch Erbrecht (Munich Lawyers' Handbook on Inheritance Law), edited by Stephan Scherer, 6th revised edition, C.H. Beck: Munich 2024.


Prof. Dr. Dr. h.c. Volker Lipp and Dr. Johan Schrader have collaborated on the 6th revised edition of § 44 of the Munich Lawyers' Handbook on Inheritance Law. In their article the Continuing Power of Attorney, the Guardianship Directive and the living will as well as other precautionary declarations of intent for medical treatment are examined against the background of current innovations. In addition to a detailed presentation of the content requirements and special problems, practical assistance such as consultation checklists and formulation aids are provided.

Further information can be found here.


Commentary on international personal law in the „Münchener Kommentar zum BGB" (Munich Commentary on the German Civil Code)

edited by Franz Jürgen Säcker, Roland Rixecker, Hartmut Oetker, 9th edition, Volume 12, C.H. Beck: Munich 2024.

The ninth edition of the twelfth volume of the Munich Commentary on the German Civil Code was published in 2024. In addition to the general part of international Private and Procedural Law, the volume contains commentary on the conflict of laws relating to natural persons and legal transactions as well as international Family and Inheritance Law. The ninth edition includes a comprehensive revision and update of the subject by commenting on the EU Regulation on International Property Law (EuGüVO, EuPartVO), the German-French agreement on the matrimonial property regime of elective community of accrued gains and the new international Private and Procedural Law of welfare relationships and bringing the international Private and Procedural Law of same-sex marriage up to date.

Prof. Dr. Dr. h.c. Volker Lipp has commented on articles of the EGBGB, the Hague Convention on the International Protection of Adults (ErwSÜ) and the Act to Implement the Hague Convention of 13 January 2000 on the International Protection of Adults (ErwSÜAG).
Within the EGBGB Prof. Dr. Dr. h.c. Volker Lipp has commented on Art. 7 EGBGB (legal capacity) and Art. 9 EGBGB (declaration of death). The commentary on Art. 9 EGBGB deals, among other things, with declarations of death and missing persons and judicial presumptions of life and death. In addition, Prof. Dr. Dr. h.c. Volker Lipp has also commented on Art. 15 EGBGB (Mutual Representation of Spouses) in the context of international Family Law, where in particular a comparison of the legal regulations of the EGBGB with German Law is made and the relationship to Union Law and other international agreements is discussed. The commentary on Art. 24 EGBGB (guardianship, care and fostership) focuses on the associated Procedural Law in addition to considerations of Substantive Law.

Further information can be found here.