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Jurisdiction of Germany.

2
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0answers
24 views

Is the non-availability of an accessory a defect of the main product?

I am currently trying to understand the details of the German law about defects ("Sachmangel, § 434 BGB") and misleading advertising ("Gesetz gegen den unlauteren Wettbewerb (UWG), § 5 Irreführende ...
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0answers
12 views

what liabilities come with hosting a server?

what liabilities come with hosting a gaming server (minecraft like game) at home in germany, european union, assuming that no one hacks it?
4
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3answers
53 views

How to legally contribute to open source projects (and other public stuff) in Germany?

Being a software developer it is very important to contribute to public projects and participate in public professional activities. This includes open source projects (which may belong to other ...
1
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1answer
115 views

Don't talk to the police in Germany

For reference: There is the well-known argument, especially in the U.S., that you should not talk to the police, like here https://www.youtube.com/watch?v=d-7o9xYp7eE in one of the extremest forms. ...
0
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1answer
62 views

What are customer laws about clothes warranty in Germany?

I live in a Germany for half of year now, and it's relatively difficult to understand all local laws and regulation, especially if you don't speak German. I bought new sneakers in the large retail ...
0
votes
1answer
31 views

When does a cogeneration plant feed power to the net, according to the german KWK-G 2015?

§7 (1) of the current german KWK-G (Law concerning co-generation plants) makes a huge difference for power fed into the grid, or not. Say an installation consumes 150-200 kW contiually, and operates a ...
1
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1answer
76 views

Paying salary back after leaving the company

A few days ago I received a pretty interesting letter from my ex employer. During my time there I made minus hours, caused by the project situation (I am a software developer). The letter says I ...
0
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0answers
36 views

Can a signature be valid without a name datum associated with it?

I noticed that my signature got less readable over time, but improved in unique characteristics which is a positive development in my opinion, since I never see a form without a field for first and ...
0
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0answers
27 views

Ecommerce website not registred as a company

I have a friend living in Germany, and he is going to launch a new ecommerce website (selling different staff). I am not a lawyer, I am also living in Germany and I know just a little about laws here, ...
6
votes
1answer
113 views

How do I challenge a public transport fine when I was never there at the time? And suspect a scam

Today I received a message in my postbox regarding an unpaid fee for not showing a valid ticket on public transport. The address and name are correct in the message. However: I use what they call "...
3
votes
2answers
90 views

Is brute forcing the password of an encrypted file legal?

A person I know sent me an encrypted .zip archive and I do not know what data is inside. Is it legal to break the password and open the archive, for example, by using a brute force algorithm? The ...
1
vote
0answers
78 views

Is it legal to send encrypted messages via a post card?

In German law, is it legal to send an encrypted message via a post card? E.g. encrypt a message text on a computer with RSA and print the Base64 hash on the post card and send it. Or is it a ...
1
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0answers
46 views

Just how different is the legal situation in Germany under GDPR compared to previously with respect to running a website?

A frequent statement with respect to making German websites GDPR-compliant is that barely anything has changed in Germany with DSGVO (the German version of GDPR) and the previously applicable national ...
1
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0answers
26 views

Do accelerators or incubators help to getting visa?

If I have a MVP(Minimum viable Product = creating a prototype of a tech invention or idea) that I like to find an investor or create a startup around it in UK/Germany/US/Canada, applying for ...
1
vote
0answers
17 views

If I am employed in Ireland and move to Germany for more than 6 months, can I be taxed on previously-taxed income?

Germany and Ireland have a taxation agreement which states in Article 14 that you are liable for taxes in a Contracting state if you spend more than 183 days there, even if your employer is from the ...
3
votes
1answer
85 views

Do Github Projects by Germans Require an “Imprint” (Link) in their Readme?

As is discussed in various places, German law requires an "imprint"/"Impressum" (a page with some contact information, such as a physical address and an e-mail address, on the person responsible for ...
4
votes
1answer
89 views

What happens if you have to turn up at two or more courts at once?

I was wondering, when a court sends out "invitations" for persons to appear at a court session, it usually includes a "you have to appear if not sick (or else)" clause. Now naturally it can happen ...
1
vote
1answer
54 views

Dual Citizenship for Adults in Germany

My sister was born in 1997 as a Bulgarian citizen in Germany. She became a German citizen while she was rather young (5 years old if I remember correctly), while keeping her Bulgarian citizenship. ...
3
votes
0answers
56 views

Does German law have an equivalent of the “plain meaning rule”?

I recently read about the plain meaning rule that seems to be a principle in the application of English laws. I would like to know whether a similar principle is either codified or known as a common ...
2
votes
1answer
388 views

Germany: Does a github.io hosted site require imprint / data privacy statement according to the GDPR?

github offers free publicly accessible data storage. Many people use that to present their personal profile where they e.g. advertise for freelancing services. An example url could be http://username....
0
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0answers
29 views

Is there an equivalent concept to Acquiescence in EU/Germany?

For context: https://en.wikipedia.org/wiki/Acquiescence The equivalent page in German states this is in "Common Law", i.e. applies to english-speaking countries. Is there something similar in German ...
1
vote
1answer
75 views

I signed a second work contracts in Germany, without checking my first contract

I am working in a full-time job and I signed another part-time job for 10 hours per week with a university in Berlin. After I signed the part-time contract I found in my first contract that I have to ...
0
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0answers
40 views

Buying a defect mobile

Recently, I bought a used mobile with invoice from a woman (i found the mobile in internet, and in the invoice she took off the part where is her name and address). As usual, I kept all discussions ...
2
votes
3answers
122 views

How can I prove that my bike is mine? (Germany)

I have a bike. I got it as a gift from my (then) girlfriend. I have absolutely no papers from it. However, in the case of a later legal dispute, I may need to somehow prove it is mine, both in a ...
1
vote
2answers
163 views

Is it permitted to work as a freelancer on Upwork while studying in Germany?

Next April I am going to start a master program in Germany living on a student visa. Currently I am working as a freelancer on Upwork. I know that in Germany it is not permitted for people on student ...
0
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0answers
59 views

No notice leave

I live in Germany at the moment and I signed a 1 year rent contract in a shared apartment from November 2017 to end of October 2018. In January, the roof of the bathroom fell over and the bathroom ...
2
votes
0answers
73 views

Tenant not vacating property(GERMANY)

-See below for German version- A tenant's fixed term rental contract has expired, yet on the first day after the expiration, when keys were supposed to be returned, the tenant has not made any ...
0
votes
1answer
53 views

Lohnsteuerbescheinigung - income tax certiicate

I currently live and work in Germany and I would like to apply for a tax return. I have asked for help on a forum (in doing the paperwork) and one person wrote to me that she can help me out for a ...
0
votes
0answers
48 views

Prohibition of filming in private shop (German law, other European countries would be interesting too)

There is private shop which has club apartments, it is expressly said and expected that no filming can be done in the club. The actions in the club are quite sensitive, they are not illegal or ...
0
votes
0answers
38 views

Water leak after failed drilling attempt. Are there any consequences for me (tenant)

I drilled some nails in the wall in my apartment. According to the landlord (company) they gave me that permission when giving out the keys. More specifically, they said that I can drill anywhere ...
1
vote
1answer
43 views

General bankruptcy inquiry in Germany

A person lives in Germany and owns a business which is in debt. They are afraid they will lose their child and be sent to "debt jail". Is this a real possibility? Is there any liability protection ...
1
vote
1answer
156 views

Would Germany extradite someone for looking at blasphemous content online? Hypothetical question.

If someone watched or looked up something online that is offensive to a particular world religion, and he was in an "unfree" country and then he travelled to Germany, would Germany extradite him upon ...
1
vote
1answer
215 views

Article 116(2) Citizenship Restoration - Germany

I'm trying to determine if I might be eligible for German citizenship under Article 116(2) of the Basic Law. Article 116(2) affords restoration of citizenship for those who were stripped of it by the ...
3
votes
1answer
300 views

What's the age in which people are allowed to engage in cybersex in Germany?

As far as I understand, Germany has an age of consent of 14 or 16 depending on the context but in addition a law. On the other hand § 184 sets up a ban for "Verbreitung pornographischer Schriften". ...
1
vote
0answers
40 views

Termination of Employment before Joining date

I was offered a Job in Berlin by an Employer 2 months back. I signed the contract, offer letter. And with that I have received the Visa to Germany. And just before 14 days of the joining I receive a ...
3
votes
1answer
66 views

The controlling language in German employment contracts

I am about to be employed in Germany under an American company which has a branch office in Germany. Recently I got a contract from them that has side-by-side translations with German on the left ...
3
votes
2answers
205 views

Why can you use the font “Helvetica” for free in LaTeX although it would otherwise be required to pay a fee?

When looking for the Helvetica font, it usually costs you a certain amount of money because it is not a free font. But when I am using the free open source software LaTeX, I can use the font wherever ...
2
votes
1answer
108 views

Paying Kindergarten for the kid of my wife

Currently living in Germany (Baden Württemberg) and married to a German girl having a kid. Before, my wife was not working, so the country was paying the kindergarten for her kid, but now as married, ...
0
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0answers
48 views

Does an attorney in Germany have to prosecute own relatives

In German penal law, does an attorney (Staatsanwalt) have to prosecute own relatives (parents children, siblings, etc.)? If no, by what law (I could not find any that would provide them with that ...
1
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0answers
70 views

Statute of limitations on German criminal cases

One of my clients was illegally wiretapped and spied on by either his former employer and/or members of religious group. After securing his computers and switching to a 2.5G feature phone he was ...
0
votes
0answers
68 views

Can a micro-sized company fire an employee without the major fault of the employee in Germany?

This company has 4 employees. I have a one-year contract & worked more than 6 months. In my contract, It is written it is possible to cancel the contract but this is against German employee ...
1
vote
0answers
50 views

Can I use my personal Photoshop subscriber license for a commercial purpose? (Germany)

I have the Individuals Creative Cloud Photo Subscription (annual subscription). I'm paying this on my own and use it mainly at home. Now I want to use Photoshop for several things in the company I'm ...
0
votes
1answer
96 views

How do we claim the estate of someone who died under a different name in a different country?

The father of my wife (from Germany) died in London 10 years ago, with a different name, but with the same family name (for example was born in Germany with the name Johannes Doe, and in London died ...
6
votes
1answer
199 views

To whom does the German 'Impressumspflicht' apply?

'Impressumspflicht' is a law in Germany forcing people running a website to publish personal information like name, address, email, telephone number and so forth. If it is a commercial website, even ...
4
votes
0answers
56 views

Child attained legal age, do the parents still hold any rights to medical documents from childhood?

Situation A child, let's call him Pete, went to some medical treatment when he was younger than legal age (18). All documents about this treatment were sent to his parents. Pete is now (way) above ...
1
vote
1answer
62 views

German Rental Contract error. Can landlord back charge 18months?

Berlin Landlord made an error in the contract, and now wants all tenants to correct the error by paying sum's going back 18months. Can they? A little more detail: A friend moved into a new apartment ...
3
votes
4answers
2k views

Is deadly self defense in Germany legal?

Since I am an American in Germany I have had this discussion with a few Germans but haven't got a concrete answer. If i am at home in Germany and someone breaks into my house and I see that they have ...
1
vote
3answers
333 views

In Germany, can an Individual press charges against a Newspaper for Libel?

So I've read the following: "You cannot publish untrue information about anyone or anything that could negatively affect that person or thing's reputation on your public blog. It doesn't matter if you ...
1
vote
1answer
276 views

Is it against German law to oppose the existence of the state of Israel?

If in the German jurisdiction a person, without inciting violence, states in writing or in speech that they are opposed to the existence of the state of Israel and advocates that other people should ...
3
votes
2answers
158 views

Fence with no signs in Germany

Is it legal to trespass the fence (with little passage in it) with no signs, if there's no buildings behind it (for example, construction site)? Update: the picture of a passage. No signs at all, ...