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Questions tagged [germany]

Jurisdiction of Germany.

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3 answers
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Has Article 5 of the German Constitution any influence on me as a PhD student in Germany?

Article 5 of the German Consitution says: (3) Arts and sciences, research and teaching shall be free. (3) Kunst und Wissenschaft, Forschung und Lehre sind frei. Even the Federal President Frank ...
Tho Re's user avatar
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-2 votes
1 answer
142 views

How many lawyers can one defendant have?

In the large-scale lawsuit against alleged "Reichsbürger" in Germany, it is reported that each defendant has 2 to 4 lawyers. Obviously, that complicates things not only for the accused, but ...
PMF's user avatar
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15 votes
4 answers
5k views

Can a salary be reduced?

My company is restructuring positions and salary ranges, and they are informing people about their new salaries (sometimes 20% lower than their current salaries). Is it legal for the employer to lower ...
Jallrich's user avatar
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2 votes
1 answer
119 views

In a furnished apartment: Are tenants or landlords responsible for upkeep/replacement of large appliances? (Germany specific)

Location: Berlin, Germany Situation: 8 years lived in flat, 5 as contract holder. Provided furnished. Contract renewed every 1 or 2 years. Landlords live on another continent, only visit x1 or x2 per ...
Koji's user avatar
  • 29
-1 votes
0 answers
51 views

Can the use of trademarked and/or copyrighted logos in a game be lawful?

Can a software application lawfully include and display trademarked and/or copyrighted logos, when they are used as, for example, part of a Bingo-like "spotting" game, without permission ...
TypeIA's user avatar
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0 votes
0 answers
41 views

How to calculate per-diem rates for an Employee of a German company who works at home in Austria and travels to Germany for two weeks

The per-diem rates listed here https://www.bundesfinanzministerium.de/Content/DE/Downloads/BMF_Schreiben/Steuerarten/Lohnsteuer/2023-11-21-steuerliche-behandlung-reisekosten-reisekostenverguetungen-...
bradgonesurfing's user avatar
-1 votes
1 answer
103 views

Appropriate insult under law [closed]

Some countries have laws against insults. However the insult is not illegal if it is a direct response to a similar insult or a response to some publicly available information. Recently a professor at ...
jjpenbis's user avatar
1 vote
2 answers
116 views

What are the supply duties of the government for mandatory schooling?

I'm mostly interested in the German jurisdiction but other countries are interesting as well. For all children attending school is mandatory, in Germany this is regulated by states (here is an example ...
quarague's user avatar
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2 votes
1 answer
339 views

When does a "resemblance" become a banned Nazi symbol?

It is in the news that Adidas has banned football fans from buying German football kits customised with the number 44, after media raised their resemblance to the symbol used by World War Two-era ...
LawSE is far too woke's user avatar
2 votes
1 answer
212 views

Is Berliner Sparkasse's request for the list of all members of "Jewish Voice for a Just Peace" lawful?

Novara media published an article titled "Germany Is Seizing Jews’ Money Again It’s fine, they’re pro-Palestine" by James Jackson The bank [Berliner Sparkasse] demanded a list of the names ...
Ona's user avatar
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0 votes
1 answer
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"Malen nach Zahlen" legally protected in Germany?

Quoting from a German wikipedia article about "Malen nach Zahlen" (or also called "painting by numbers"): Malen nach Zahlen ist eine Wortmarke der Ravensburger AG und des ...
J. M. Arnold's user avatar
2 votes
0 answers
106 views

Which income is relevant for day-fines in German law?

For a number of minor crimes several European countries use a system of day-fines where the fine you have to pay is a number of days decided after the crime and a per-day-value which is based on your ...
quarague's user avatar
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4 votes
3 answers
7k views

Repercussions from hitting protesters blocking highways

From “What power do I have as a driver if my interstate route is blocked by a protest?”, I understand that intentionally hitting protesters who block the road is considered “Vehicular Misdemeanour”. ...
ChocolateOverflow's user avatar
3 votes
9 answers
3k views

Would vehicle insurance be valid if someone else, other than the person whose name the insurance is under, drives it?

Suppose I buy a car and I take insurance on it under my name. I let my friend drive, and he gets into an accident. Would I be able to file for insurance?
Babu's user avatar
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1 vote
1 answer
161 views

What is the basis of the 'Genocide' complicity lawsuit against Scholz in Germany?

Al Jazeera has covered a legal action initiated in Germany, where attorneys have filed a lawsuit against Chancellor Scholz, accusing him of being complicit in what they term the 'genocide' in Gaza: ...
Ona's user avatar
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2 votes
2 answers
132 views

What is the definition of "Wohnung" in german law?

I live in a room of the house of an old lady, and here I am not allowed to use the kitchen. During certain days I can use the shower and washing machine. However, still I got a "...
Babu's user avatar
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-1 votes
1 answer
50 views

Use Google API with an easy Cookie banner (notice) in germany / EU?

I plan to use a Google API interface for my web shop (Germany) to optimize transport costs for customers (API request on the google server for every price calculation). The API interface would then be ...
Christian Stegemann's user avatar
9 votes
1 answer
3k views

What legal rights does a German landlord have over you if you stop paying rent?

Follow up to this question. Suppose a tenant were to write to the landlord that due to XYZ reasons, that they will reduce the rent they pay by X amount. What is the legality of this exactly? Couldn't ...
Babu's user avatar
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8 votes
4 answers
4k views

Couldn't the landlord just say the Thermometer doesn't work when confronted with the temperature being too low?

In Germany, from what I understand, when the temperature in apartment falls below a tolerable amount, then the renter can request the landlord for a rent reduction. This happend to me, and I got a ...
Babu's user avatar
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5 votes
4 answers
2k views

Niederlassungserlaubnis vs Citizenship vs Passport in Germany

From the case of US, I understand that nationals are not the same as citizens. That is, a person who is allowed to stay permenantly in a place may not receive a passport. Recently Germany passed a new ...
Babu's user avatar
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1 vote
3 answers
232 views

Who is responsible for damage in a furnished apartment?

Suppose one lives in a furnished apartment, and after some time of living in it, damage comes up of normal wear and tear, then would the renter be liable for this, or would it be up to the landlord?
Babu's user avatar
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2 votes
0 answers
135 views

Would it be in violation of student visa to spend a substantial amount of time and make profits from stocks?

Follow up to this question. As far as I know, one cannot do freelance work while on a student visa. So, for example, I cannot do something like hair cutting or drawing on commission, while in country. ...
Babu's user avatar
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2 votes
1 answer
140 views

Is it legal to keep garbage in any waste basket ? (Assuming properly sorted)

Follow up to this question, since there are fines to putting incorrectly sorted garbage into the dumpster, would it also be that it's illegal to throw waste in someone else's dumpster?
Babu's user avatar
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4 votes
4 answers
341 views

Is it legal for the landlord to order me to provide the keys to them, if I am to go to abroad?

I am renting a room in the house of an old lady. She told me that, if I am to leave more than seven days from the place where I live, then I must hand her down the keys. Is this legal?
Babu's user avatar
  • 1,369
-2 votes
2 answers
123 views

German Online Law [closed]

Since moving to Germany you're always faced with stories of fees to pay upon internet usage (streaming movies, z-library, google adblocker add-on, VPN add-on etc.) what's the punishable acts online in ...
Ari's user avatar
  • 11
2 votes
2 answers
273 views

Is there any legal repercussions of separating the garbage incorrectly in Germany?

To me, it is not often very clear what type of garbage goes in what bin in Germany. And, often there is no online guide or something that can say where goes which, because the garbage separation rules ...
Babu's user avatar
  • 1,369
4 votes
1 answer
203 views

Is the law about renters being able to pay deposit in three parts in Germany, useless?

In Germany, it is by law that one should be able to pay the deposit amount in installements of three months, and that it should be no higher than three months of rent. refer While searching for a ...
Babu's user avatar
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15 votes
3 answers
5k views

Is it illegal to pick up items with deposit [Pfand] on the street in Germany?

Many bottled products in Germany have a property that you can get back money when you return the bottle to the supermarket (Pfand). I often notice bundles of glass bottles hanging around in the street....
Babu's user avatar
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2 votes
1 answer
161 views

How long after moving out from an apartment do I have to deregister with Bürgersamt in Germany?

Let's suppose I move out of an apartment, how long do I have to deregister the apartment in Germany?
Babu's user avatar
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5 votes
2 answers
672 views

Can I record only my side of a phone conversation, or can I transcribe the entire conversation without recording it?

It is "common knowledge" that you cannot just record a telephone call without the agreement of the other party. What about: Recording only your own voice during the call? Using speech-to-...
J Fabian Meier's user avatar
2 votes
1 answer
301 views

Accidental intrusion into military airspace

Welcome to Germany, where we have Military installations designated as "Militärischer Sperrbezirk" (MSB), that are closed to the public. For example, a shooting range or training ground is ...
Trish's user avatar
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0 votes
1 answer
156 views

Can Microsoft be held responsible for printers missing after a software update?

I want to learn about software liability but most articles on the internet are very generic. So I am asking this specific question to learn by example. Let's assume after a Windows update printers are ...
zomega's user avatar
  • 549
-2 votes
1 answer
116 views

Can a company in Germany lets its employee to work some months from iran remotely? [closed]

As an Iranian,I am trying to get an stable, trustable job from Germany,and move there. but i want to work for some months remotely from iran. Due to some problems i cant completely leave home. I had a ...
Sahar's user avatar
  • 1
0 votes
1 answer
94 views

Can the landlord require the final inspection to be earlier than the end of the lease?

A friend of mine cancelled his rental agreement recently. The last day of the agreement will be the end of this year, so 2023-12-31. He actually wanted to move out mid december and make an appointment ...
tkausl's user avatar
  • 109
2 votes
2 answers
277 views

Is it illegal to act against the parents' wishes when taking care of a minor?

When taking care of a minor with permission of the parents, what is the legal force of any rules the parents set? For example, if I look after someone's child, and they tell me the child may not ...
sleske's user avatar
  • 8,235
0 votes
1 answer
65 views

Germany GmbH shareholder living in another EU country

When an EU citizen who is holding shares of a GmbH decides to move to another EU country, what are his obligations to the tax office and the state?
ptheofan's user avatar
  • 109
0 votes
1 answer
198 views

Taking out stitches - who is allowed to do that in Germany?

My mom had a surgery on her wrist after she broke it and has some stitches that have to be taken out soon. Last time I had a surgery our doctor (regular doctor, not the one who did the surgery, in ...
Matthias Nicklisch's user avatar
0 votes
0 answers
51 views

UPS Germany delaying payment indefinitely

UPS charged me a brokerage fee when I shipped a parcel from England to Germany. It was a huge amount (113.29 euros) and didn't make sense since my parcel should not have been charged any customs fee. ...
user1936752's user avatar
2 votes
3 answers
149 views

How long is the notice period by the landlord for a furnished room in an apartment in the same house as the landlord?

Details: The tenant is single. The tenant cannot enter the landlord's apartment. The landlord owns the entire house. The agreement was verbal The apartment has two rooms, but only one is rented ...
Ona's user avatar
  • 457
4 votes
1 answer
192 views

How and when is something "published" to be considered libel?

When looking up "libel" in a dictionary, it says a published false statement that is damaging to a person's reputation; a written defamation. I am pretty sure there are laws for almost any ...
nvoigt's user avatar
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4 votes
1 answer
436 views

Germany: Right to work without a SSN and National ID number

I am in Germany on a spousal visa. My visa states "Erwerbtätigkeit erlaubt" i.e. I can work here. I have a Steuernummer (tax number) and I have finished my Anmeldung (registration) at the ...
user1936752's user avatar
8 votes
2 answers
5k views

Tenant's permitted use of rented parking space

I rent an apartment in a block of flats. Tenants are given an assigned car parking space in a basement-level parking lot, for which they also pay a monthly rent. The landlord has written to us stating ...
Alex Barber's user avatar
2 votes
2 answers
288 views

Does the context of one’s displays of Nazi emblems matter to its legality?

In Germany, I understand that openly displaying Nazi symbols is illegal but that is heavily dependent on the context indicating that they are being displayed as a promotion or celebration of Nazism. ...
TylerDurden's user avatar
12 votes
3 answers
7k views

Is it illegal to voluntarily work longer than the law allows?

Let Bob be a software developer that can work from home. Bob's contract says he has to work 40h/week. The employer offers a flexible distribution of those hours and doesn't care when Bob works, as ...
infinitezero's user avatar
2 votes
2 answers
298 views

What does "registered pursuant" mean in German laws?

I find the phrase registered pursuant used a lot in the German law of registration. Could someone explain what it means? Reference from Federal Ministry of Justice
Babu's user avatar
  • 1,369
2 votes
0 answers
59 views

Do I need to have a registered living place to keep my aufenthaltstitel?

So, here is my situation. I have a course in Germany that lasts three months. I am planning on renting a place there for three month, registering, using that for an autenthalts, then deregistering, ...
Babu's user avatar
  • 1,369
2 votes
1 answer
326 views

How many people can register at a given apartment at a time?

In Germany, once moving into a place of permeant residence, it is required to register the address with some city council. I would like to ask, is there a cap to number of the of people who can ...
Babu's user avatar
  • 1,369
0 votes
0 answers
58 views

Can a business "change policy" and tack on extra fees for related services after a contract is agreed?

If a business always bundles some service with another service which is necessary to use the first one, and informally contracts with a customer for the first service, can they later change their ...
Quitting Due To Antisemitism's user avatar
12 votes
4 answers
2k views

Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?

The German Constitutional Court (Bundesverfassungsgerichts) recently ruled that a second trial (due to new evidence) after a previous acquittal violates the German constitution: BVerfG urteilt zur ...
sleske's user avatar
  • 8,235
3 votes
1 answer
103 views

Are resale of goods taxable by individual in germany?

Suppose I buy an induction cooker from IKEA, and then later when moving away from where I live, I decide to sell it to someone moving in. When I do this, I get some money back. Is income gained from ...
Babu's user avatar
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