New fa­cets in the re­search spec­trum of com­mer­cial law

Prof Dr David Bartlitz 's research focuses on issues of commercial law, in particular corporate, banking and capital market law. The newly appointed professor uses empirical and economic methods to develop a clear legal regime. This should provide companies with a reliable basis for decision-making and thus promote overall economic welfare.

Wide-ranging interests and academic career

In his spare time, Prof Dr David Bartlitz is both a passionate ballroom dancer in the 2nd German Standard League and an experienced regatta sailor. His wide-ranging interests are also reflected in his academic career. Fascinated by the job description of a judge, he wanted to study law even as a small child. After his law degree and subsequent doctorate at FAU Erlangen-Nuremberg, he went on to study for a bachelor's degree in economics at the FernUniversität in Hagen. The reason for his second degree? "I realised that you can only do sound scientific work in my field if you understand both subject areas." He was particularly influenced by his academic teaching, Jochen Hoffmann, who significantly sponsored his personal and academic development. The renowned scientist recognised his potential at a young age. "However, I also learnt that, despite all your hard work, you don't always achieve what you want and that you have to deal with setbacks," explains Bartlitz. David Bartlitz also learnt valuable lessons during his time as a station instructor in the air force before his academic training. He got to know and appreciate people from a wide variety of backgrounds. The camaraderie was particularly formative, teaching him to rely on others unconditionally and trust them completely.

Since April 2024, the newly appointed professor has been working at Paderborn University as a professor of German and international corporate law and is enthusiastic: "From my point of view, UPB is very compact and 'fresh', which suits me very well, as I am a big fan of the campus idea and open to new impulses that take me on paths other than the 'beaten track'."

Innovative research approaches for the business world of tomorrow

With his research focus and a clear view of the challenges of the modern economy, Bartlitz favours innovative approaches. In particular, he focusses on corporate, banking and capital market law. His aim is to create a reliable decision-making basis for companies by combining empirical and economic methods with legal expertise. The new appointee also takes into account current developments in digitalisation and sustainability in commercial law.

A central focus of his work is on electronic securities and the obligation to check creditworthiness in banking and capital market law. This is not just about theoretical concepts, but also about practical issues that directly affect companies and the financial market.

Why is commercial law so important for the success of companies? Prof Dr David Bartlitz explains: "A clear legal basis for decision-making leads to legal certainty, whereby legal certainty reduces transaction costs. Lower transaction costs lead to higher profits with constant revenue. Furthermore, legal certainty reduces the potential for social conflict and thus sponsors coexistence in a society."

Digital legal research and legal-historical analysis

According to Prof. Dr. David Bartlitz, digital legal research is revolutionising the way legal problems are approached. This method integrates empirical methods into legal science and enables a holistic solution to legal problems. By using working methods from business informatics such as data scraping and text mining, a significantly larger amount of data can be processed, which leads to statistically more meaningful results.

Another starting point for his research is legal-historical analysis. This method aims to gain insights from the prehistory of legal rules for the interpretation and further development of the law in force today. "Legal-historical analysis traces the predecessors of legal rules, namely back to Roman antiquity, and attempts to gain insights for the future from legal history," emphasises Prof Dr David Bartlitz. In doing so, approaches from the past could also serve to solve current and future social conflicts.

Pioneering contributions to the obligation to check creditworthiness

Prof Dr David Bartlitz particularly remembers one of his publications from 2014: "At the beginning of my academic career, I published a comment on a decision of the European Court of Justice, which is only two pages long and - to be honest - does not exactly contain groundbreaking basic scientific research. Nevertheless, it is my most frequently cited (and probably most influential) publication, probably because it dealt with a very fundamental and, at the time, highly topical issue (specifically: in what form should the lender be sanctioned if it does not fulfil its obligation to check creditworthiness or does not do so properly?) The publication was the prelude to a whole series of (then somewhat more extensive) works on the obligation to check creditworthiness, which can be regarded as one of my 'perennial topics' ever since."

Commitment to teaching and promoting the entrepreneurial spirit

In addition to his research, Prof Dr David Bartlitz is passionate about teaching and promoting entrepreneurship. He emphasises the importance of giving his students a deeper understanding of complex legal issues and encouraging them to look beyond national borders. "The spirit and dynamism of the start-up culture is a particular concern of mine. I hope that my lecture on the legal foundations of start-ups (among other things) will make a modest contribution to promoting the entrepreneurial spirit in Germany and encouraging young people to set up companies."

Outlook on the future of commercial law

Prof Dr David Bartlitz sees the future of commercial law in the increased consideration of sustainability and the integration of international regulations. Digitalisation and the role of artificial intelligence represent new challenges that commercial law must face positively and openly, but also critically. It is important to clearly define legal responsibilities and to shape the legal framework for a sustainable and future-orientated economy.

Photo (Paderborn University): Prof Dr David Bartlitz's research focuses on issues of commercial law, in particular corporate, banking and capital market law.

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