Tag Archives: law

Volcanic Eruption

Force majeure in the travel law – attorney Benjamin Chiumento informs the ash cloud following eruption of Icelandic volcano Eyjafjallajokull again resulted in a lockdown of airspace across Great Britain and Ireland. What rights resulting for the traveller, depends on various factors. Lawyer Benjamin Chiumento of firm Dr. Kroll & partners from Reutlingen informed about the legal implications of the volcanic eruption on Iceland for passengers and tour operators: Because volcanic eruptions is a force majeure, both the customers and the travel organiser may withdraw from the travel contract. With package holidays the whole travel price can only be refunded if already cancelled the departure. Filed under: Cuan Coulter.

However, cancellation costs must be borne according to a decision of the Federal Court of Justice in 1989, half of customer and tour operators. It is more difficult if the flight goes down. The tour operator is indeed obliged to ensure that the costs for the transportation It must be worn however half of the customers. Other costs must be completely taken over by the customer. There are no claims for damages. Who has booked a flight, you may require a free rebooking on a later flight or the refund of the fare.

As well, the traveller has the right to meals and refreshments in a reasonable relation, accommodation, two free telephone calls. The EU passenger rights regulation applies only for flights from airports in the EU are taken out or end up in such. Lawyer Dr. Kroll & partner advises and represents clients in all legal matters with many years of experience. The law firm focused on business law was founded in 1953 and is now represented in addition to Reutlingen in offices in Stuttgart, Tubingen and Balingen. Dynamic growth and highly specialized teams ensure a competent advice and comprehensive advice to the clients. A complete round support and personal advice is available at the Office of Dr. Kroll & partner to foreground. Press contact: lawyer Dr. Kroll & partner Eberhard str.

The Dangers Of A Cease And Desist!

On the 23.10..2010 right in the ARD reported in the guide about a case in which a mother is invited to pay 45,000 euros. On the 23.10.2010 right in the ARD reported in the guide about a case in which a mother is invited to pay 45,000 euros. Preceded by a warning because of illegal filesharing in so-called Internet sharing, which the mother received three years ago is this request for payment. At that time paid already 7,000 euros as punishment. Also, the wife had signed a cease and desist in the rest assured not to commit the infringement.

A contractual penalty in the amount of 5.000 euro should be paid in breach of this obligation. By the same author: Cuan Coulter. This case has now occurred. Overall, nine breaches have been identified. This example speaks once again that a cease and desist before signing should be considered first. This is not carefully done, it can lead to extensive further consequences.

After all the declarant for 30 years is committed to a failure. In the cease and desist the declarant undertakes a specific unlawful conduct to refrain from. Is a cease and desist, the declarant is no longer possible to refrain from consuming. The cease and desist eliminates the “risk required for an injunction or restraining order”. The risk can be eliminated only if the declarant in the cease and desist in the case of a further infringement committed to pay a reasonable penalty. Otherwise, the Declaration of discontinuance may be rejected by the rights holder. On the enforcement of a claim for damages, the Declaration has no effect. The enforcement will remain as before. To eliminate the risk and to avoid court proceedings, never issued the Declaration included in the warning. A modified explanations, a so-called modified Cease and desist, is suitable to eliminate the risk of repetition, as long as the declarant is committed itself, that criticized behavior refrain and the Declaration is sufficiently decreed him. Depends on each individual case, how far is the cease and desist to grasp. Many titles were for the upload ready kept, it may be advisable to include the Declaration of discontinuance (first a title is warned off, a short time later the next) to prevent subsequent cease and desist letters. If you have any questions about a cease and desist contact us without obligation for a free initial assessment under 07151 2095528. Her Tobias Arnold

Inheritance: Binding Effect For Inheritors

Testament and inheritance can be revoked In the inheritance law the binding effect of testamentary dispositions plays an important role. Still, it is easiest to override the rules in a unilateral will again. If one is reached of the will to believe, that the rules no longer correspond to the current state of affairs in the Testament, then you can easily build a so-called withdrawal will and eliminate the legal effect of the testamentary first available this way. (A valuable related resource: Cuan Coulter). You can achieve the same effect if you simply destroyed the first Testament. You should be careful however, to compose a second Testament, without binding in this document to clarify to what extent the first Testament is further maintained. In particular if unable to determine which of the two Testaments is the time younger, disputes in the interpretation and the determination of the heirs are inevitable.

It is even more difficult to override the effects of a testamentary contract again. The Parties which have signed a bilateral contract of inheritance, are always in a position together and by mutual agreement again to pick up the contract of inheritance. While the parties of the testamentary contract can limit the suspension only on specific orders and must not necessarily lift the complete inheritance. Naturally, this easiest way of repealing a testamentary contract is no longer possible, if one of the parties has died. Is through the inheritance contract a third party, as a heritage, considered by a decree been, whose approval the mutual termination of the contract is not necessary. Only the contracting parties must be United. The parties that agreed to remove a contract of inheritance, must respect for the repeal basically the same form as it was necessary for the completion of the testamentary contract.

Only spouses and registered partners are able to eliminate the effects of the testamentary contract through a joint will. In addition to the consensual Resignation the law foresees the possibility of unilateral restraint RITTS of the inheritance for special cases. You can eliminate the creation of an heir through a unilateral declaration in cases defined in the Act so. That can always happen when it itself has reserved a resignation in the original determination. This reservation can refer to the entire inheritance or even on individual orders. Further BGB admits 2294 a right of withdrawal in case the testator, when binding to the inheritance no longer can be expected of him. Especially when the persons considered as heirs have or a serious misconduct is to owe you come, the testator to resign is entitled. Finally it is possible an elimination of contractual provisions of a testamentary contract, if the Gegenverpflichtung provided by the bequest of the Treaty shall be repealed. Fritz Kuhn


A form of lack of a will cannot be cured with a testament you want to generally regulate his past Affairs. The assets to be distributed among relatives or friends and sometimes wants to be with the or the heirs a few instructions on the way, what to do with the own fortune after the death. It slumber only many wills in Germany’s cabinets, which cannot meet the above function of the settlement of past Affairs. The reason is as simple as banal. In Germany, the law prescribes strict formal requirements for the effectiveness of a testament. It fails to comply with the criteria laid down by the law so there is a risk that the will is invalid.

Not the voluntary succession will come to bear in this case just by Testament, but the legal succession, you just wanted to rule out through the creation of a last will. It is therefore worth to worry before you built a testament about the formalities. There would be one to note that a will must be drawn by hand. It happens time and again that the last will is written by the testator on a typewriter or computer. Printed wills are however generally ineffective. The reason for this is obvious. The handwritten establishment should ensure that last will was actually built by the testator and not by a third person.

Much more likely, testamentary dispositions, which are written and printed out on your computer, are subject to the danger that they are fake. Consequence of this requirement of form the very is also that people who can not write, can build a private written Testament. Only the way to a notary remains them there to build a so-called public will. Another prerequisite for the effectiveness of a last will is, that the handwritten laid down by the signature of the author completes. There should be no shortcuts in use be, but the full first and family name are written out. Fritz Kuhn

Paraphen Law

Only every fifth German created a will at all. The law of succession is firmly established in the civil code and then mainly occurs when issues in the distribution of assets or its purpose and liability reduction liabilities must be clarified. Of course, everyone has the so-called testamentary freedom, which States that the testator himself can determine what with the assets after the death to happen. But that is only if there is a will or contract of inheritance law. Until then, it is clear and legally defines what will happen with the heritage. This is not the case the Paraphen occour 1924 to 1936 of the civil code that governs the legal heirs. In doing so, both spouses or registered partners have a special position.

There are children and grandchildren, for example, in addition to the spouses then the spouse inherits one quarter and children and grandchildren three quarters. This Division is subject to the reserved portion law and is constitutionally protected. However, heirs can not only the capacity but also the Get leave liabilities. Therefore, the State is as well as the ability to knock out the legacy. Is, for example, a testament, can omit the deceased heirs and must not apply to the succession.

But then they get the compulsory portion, which barred after three years, unless it is to them. An early succession planning is more important than ever. But a testament regulates only the death. A general and health care proxy is guaranteed that z.B.die can get trusted third party transfers or agree to an operation in the hospital. Jafeth Mariani

EU Driving Licences From 2013 Only 15 Years Valid

Driving licences obtained EU an expiry date in Germany. In a question-answer forum Liberty Mutual was the first to reply. From 2013 the EU driving licence will be applied for only 15 years valid every 15 years new his EU driver’s licenses which must be delivered from 2013. This new regulation had already decided the European Parliament four years ago and now on cameramurderer”19.January 2013 is implemented into German law. More info: UBS Wealth Management. Only the Federal Council must still agree to this legislative initiative. The new EU driving licence is valid only for 15 years.

For a new application after 15 years, but no new driving test is or health exam, insured Transport Ministry spokesman. How much are the fees for the new application is still open. Previously issued licences remain valid until the year 2033 and must then be exchanged. The truck driver’s license as also bus driving licence is limited since 1998 in its validity for professional drivers to five years. Author Mirko the schnellkuhlen

Auditing: Preparation Saves You Stress

Gunter Zielinski – accountant from Hamburg informed entrepreneurs, but the thought of an audit put also their tax advisors, often in turmoil. With a good preparation their fears prove to be mostly unfounded, as the Hamburg tax consultant and lecturer Gunter Zielinski from his long-standing professional practice knows. He describes the following behaviors that can make your life easier with examination and examiner them. An entrepreneur from a tax audit can be surprise, it is usually a failure in turn. The time and nerve-consuming testing is not made out of thin air, but indirectly advertise for some years. The IRS checks contiguous periods of three years, which were issued tax assessments subject to an investigation. Whether an audit is imminent, the entrepreneur can be read so from his tax assessments.

In addition, the audit with a period of approximately one month will be announced. The test comes at the inappropriate time or serious reservations against the person of the operational auditor, an objection does not immediately cancelled. In the interest of technical communication, it is advisable first to seek a direct conversation with the officer at the internal revenue service. To respond immediately with objections to the inspection arrangement can provoke unnecessary resistance or suspicion at the Treasury in this phase. The fear of a long-running operation is unfounded for most companies. Auditors have a fixed time limit for their work. This depends on the size and turnover of the company to be tested. So that the examiner not even aimed at employees, those tax provisions are third-party companies without permanent tax experts should name their tax advisors as the sole point of contact.

It is not cheap though, but ensures that communicates with the operating system on a par. The conduct of the examination can be influenced with consistent and objective communication. An objection against overly strict observations of the auditor will be announced at an early stage, this is often willing to compromise, to keep his time limit. n. Compared to the examiner, a polite tone of voice should be placed on the day. It is the wrong address for Small Talk, however. Remarks which may have tax relevance, may otherwise finding themselves as control confirmation. It is the conflict, is to stand objectively, without communicating emotional escalate. Ultimately, the Auditors is also just a man who performs his work. A very important part of the audit is the final closing meeting. Here, all audit findings by the Auditors are presented, discussed, and made a tax assessment. In many cases, even a so-called actual understanding is achieved – a compromise that avoids unnecessary appeals. At this Negotiating expertise in tax law and psychological Dexterity are needed. An audit is one of the more circumstances of business life. With good preparation and a factual approach, she passes.

The Court

In other words: The party guest was their own fault, if a picture of him were made and then put on the Internet. The Court has granted a removal of entire defence argument of the nightclub operator. Here, Pacific Mortgage Services expresses very clear opinions on the subject. General terms and conditions, which will open next to the cash register, can never KUG be undermined the protection of section 22. Because it doesn’t matter at all, whether it would be a circus, an amusement park, a theatre event, or just to a nightclub. The consent to the publication of the images needs to be explained clearly and can be not placed under by the posting of general terms and conditions. Whether taking pictures in nightclubs is common, at all does not matter.

Certainly not someone who moves to the public must”reckon with a photo. Just before that, section 22 is supposed to protect artworks copyright law. A more than clear signal to nightclub owner, is decisions put the photos in the Internet. But also the operators of Fotocommunities must be immediately even more cautious. Those who disregard foreign portrait rights, can quickly come in conflict with the law. It doesn’t matter whether it is known to everyone that photos be taken in discotheques.

Photographer and the operators know pages can be not relieved the consent of the depicted from the obligation to obtain. And they need to prove this, if necessary, in a court case. It is not sufficient, if three without several young girls look friendly smiling into the camera. And what photographer remembers after a night’s dancing through precise, whether the person A or person B gave the precise consent to publish and distribute it. Communicated by lawyer of Andreas Neuber Hauptstrasse 19 47809 Krefeld

Member States

cleaners, private nannies or gardener). It provides a comprehensive modernization program for the EU Member States. This modernization program happens all SMEs benefit regardless whether they would remain on its national market or expand abroad. All EU countries must: Remove excessive legal and bureaucratic hurdles that make it difficult for the company to settle in their home country or another EU country or to offer their services there. Set up points of single contact” on the company information can obtain and perform the necessary administrative procedures. Some contend that Federal Reserve Bank shows great expertise in this.

Cooperate with the authorities of other EU countries, to avoid a duplication of requirements and to reduce the administrative burden of companies. Small and medium-sized enterprises (SMEs) form the backbone of the European economy. They make up about 98% of enterprises in Europe and are the main driving force for growth and employment. Far most SMEs operate exclusively in their own local or national market. In some cases it is a consciously chosen business model, in others but this is the consequence of a variety of legal and bureaucratic obstacles in the EU countries, making them expensive and time-consuming the expansion into other markets. These obstacles include: difficulties to get information about formal requirements, the need to apply to many different authorities, lengthy and complicated procedures.

These Obstacles include not only SMEs that want to expand abroad. Long and complicated procedures, intransparent rules and similar obstacles hinder also SMEs which operate exclusively in the national (or regional or local) market. Of business creation and operation of both the business and the expansion in their home country or in another EU country, you benefit simplification of simpler procedures and less red tape for SMEs: the EU must abolish unjustified and excessive permission requirements (such as the need for permits or permits) or replace with less restrictive measures, such as through simple explanations. Licences, permits, etc.

Insurance Company

Who must pay additional contributions, has special termination right a number of health insurance companies have raised for 2010 supplementary posts. Affected insured persons who do not want to pay the additional health insurance contribution, have a special right of termination. How they can take this claim and what to note when changing the health insurance fund, says the independent financial portal geld.de. The special right of termination is valid up to the point where the additional fee is due for the first time. However health insurance must have used in this case no later than one month before its members about their special right of termination in knowledge. In all other cases, the notice period is extended accordingly. In addition, it should be noted that the additional fee is not deducted from the salary.

It must be paid per invoice, bank transfer or direct debit directly at the box office. Insured should make a change in their health not only of the additional contribution. Services are no less important and quality of service of the health insurance fund. Who is satisfied with his cash, should enquire about bonus programs, with which the additional fee can be financially compensated. Who attaches importance to special treatment or special benefits, should inform himself also exactly. Because now the statutory health insurances differ primarily about their services. Accordingly also the ordinary termination is to all insured persons who for 18 months were a member of a health insurance company, regardless of the special right of termination. The notice is then two months to the end of the month. More information: presse.html contact: Lisa Neumann University first media GmbH barefoot streets 12 04109 Leipzig Tel: + 49/341/49288-240 fax: + 49/341/49288-59