New paper on coronavirus measures in private law by Johannes Ungerer

A new paper by Johannes Ungerer, "Coronavirus measures in private law: Comparison of moratoria in the United Kingdom and Germany", has been published in the Oxford University Comparative Law Forum. 

The Coronavirus pandemic poses unprecedented challenges to private legal relations. These challenges demand that States provide measures that go beyond traditional private law responses such as force majeure, material adverse change or frustration. Enacting moratoria is among the steps which have been undertaken by the United Kingdom and Germany to provide necessary ‘breathing space’, and is the subject of this comparative paper.

The paper begins by looking at the general modifications in private law that have been made in response to the Coronavirus pandemic. This is followed by an analysis of tenancies, which have been given special protection by legislators. Finally, the consequences for borrowers are addressed. The purpose of this paper is to inform about the recent legislative actions taken. This might not only be instructive for their evaluation and future amendment, but also for questions arising in cross-border settings.