Questions tagged [germany]
Jurisdiction of Germany.
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An insolvent company still operating
I have made an order online for a company early September, however found out the company filed for insolvency early August.
However they are still taking money from customers and never sending their ...
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German real-estate. Property caveat when company goes bankrupt
I bought an apartment in germany in a building that hasn't been built yet.
I have also applied for and received a 'property caveat'. What happens if the company that i bought the apartment from goes ...
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Treatment of lying/exaggerating witnesses
So I'm asking this in the setting of a criminal trial, but I'd also be interested to hear about the treatment of the same aspect in a civil trial.
Assume Danny (D) finds himself accused of some ...
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What law governs shopping carts?
The title may sound a bit funny but it is something I spent a few hours thinking about during a recent car trip :)
In my country in order to get a shopping cart, you have to insert a coin. When ...
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When has a doctor fulfilled their contractual duty
Generally when getting a service from some provider it is implied that that provider has to provide the service they ask money for. If I buy a phone and that phone is broken they have to replace or ...
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Is it illegal to take pictures of the police in public in Germany?
I visited Cologne last year. I was taking a selfie with my phone's inner camera in front of a monument. I was unaware that my phone's outer camera was facing police officers conducting checks. One of ...
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At what point is it punishable to support a "criminal organisation"?
A friend said to me the other day that she was worried that she had supported the the "Last Generation" ("Letzte Generation") organization financially. The Last Generation often ...
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Legality of stealing news
Say I read in the newspaper that a kangaroo shot a man on highway 45.
If I put this information on my homepage, and don't copy the exact wording of the newspaper, this is probably ok and not a ...
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Are foreign sellers exempt from consumer protection laws?
German law offers certain protections for online buyers, essentially the right to return the goods for a refund within 14 days and a certain warranty within 2 years of purchase.
I was under the ...
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Roommate accusing me of theft in Germany [closed]
my stuff kept going missing and when I asked my roommate they denied but later I looked through their bags and found out it that they were stealing my stuff and hiding it in their bag. I took a ...
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Ways to avoid a running Naturalization application being forwarded to another municipality/city
I have recently made a Naturalization application in Germany (1 month ago) in Bayern and am about to Move to Berlin in 2 months. And after I do the anmeldung my application will also be forwarded to ...
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Burden of Proof for Reprinting a Book
You republish a book from 1923 without asking anyone.
The original publisher (or its successor) sues you.
Do you need to proof that the author is 70 years dead already, or lies the burden of proof on ...
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Is income from youtube considered as freelance income?
Tangentially related. I ask ebecause I know in general freelance work is not taxed, so does youtube income count as freelance income?
Related, and also this
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usage of the same applicationname
we are currently developing a mobile-App for Android and IOS and we would like to use a name for this application, that already exists: "YouTrack".
BUT of course our application has nothing ...
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Notice period of tenant to terminate apartment
I have a apartment with fixed term. (10 month). in Contract it mentioned that,
tenant can live in current month if noticed landlort before 15th of
each month. In this case no metter when tenant leave ...
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What rights does a German works council have with respect to a longterm unfilled position?
Situation, a department head left the company. The company is looking for a replacement by advertising the position and hiring a head hunter. Unfortunately this didn't work out (so far) and the ...
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How to get official confirmation if anyone has filled a police complaint against me or not
My wife has alleged that she made a police complaint against me in Germany for a false domestic violence case. Is there a way to find out if any complaint has truly been filed against me or not if I ...
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Does the renaming of the German 'ebay Kleinanzeigen' to 'Kleinanzeigen' mean they loose any trademark to their name?
So ebay Kleinanzeigen is a company that owns a website for classified ads. People can post classified ads there and search the website to buy things from classified ads. I suppose ebay has the exact ...
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To what is the judge in the Lina E. trial referring to by "deplorable deficiencies in recent trials of far-right extremists"?
It is in the news that there have been protests after the sentencing of Lina E for attacks on neo-Nazis. Wikipedia quoting this German language news article says:
Hans Schlüter-Staats, the Higher ...
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Legal Considerations for Offering Rewards in Exchange for Tenant Selection in Germany [closed]
My company and I are located in Germany and we intend to distribute flyers on the street. In the flyers, we offer a reward to those who are willing to rent out their homes in exchange for us being ...
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Copyright for Speeding Photo
If I get a ticket for speeding in Germany with a photo taken by an automatic camera, is there any copyright attached to that photo, or can I use it without asking the state for permission?
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What is the idea behind German courts having both professional judges and lay judges?
In this wiki, it is mentioned that in trial courts there are both professional judges and lay judges involved. What is the basis behind this set up?
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Can a founder of a non-profit company in Germany (gGmbH) receive a salary?
Unlike a normal GmbH, a founder/partner (Gesellschafter) of a gemeinnützige GmbH (or a UG) may, according to the tax code, not receive any profits:
Die Mitglieder oder Gesellschafter (Mitglieder im ...
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Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades?
In this post, it notes that art. 12(1) of the basic law (the constitution) says:
All Germans shall have the right freely to choose their occupation or profession, their place of work and their place ...
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What is the Irish equivalent of a German UG entity?
I am looking at some options for eventually starting a small business in Ireland (several years from now, I'm at a very early stage).
In Germany, from what I understand, there is an entity type called ...
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Would returns from investing in stocks cause one to reach the tax barrier on a student visa?
As far as I understand, one can earn about 850ish euros per month (as of 2023) without tax on a student visa source. Also, I learned that investing while on a student visa as a non EU international is ...
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(Germany) Repairs at end of rental contract for pre-existing issues: who has burden of proof?
I recently moved to a new apartment, and cancelled the contract for my previous apartment where I had lived for several years. The contract for the old apartment had a three month notice period, so I ...
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Are parents liable to prosecution as soon as they know that their child has stolen something?
In Germany, children up to the age of 14 are not liable to prosecution. What happens when a child steals a sweet in the supermarket and the parents don't notice at first? Only when they get home do ...
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From what age may children walk home alone from an activity/sport in Germany?
In the UK, there are strict safeguarding rules for children. If a child is not picked up after school or an activity by their parents or caregivers, the teachers need to wait until they are picked up ...
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Can a German declaration of division (Teliungserklärung) or community ordinance (Gemeinschaftsordnung) prohibit long-term rentals?
Consider an apartment block consisting of three equal units A, B, and C, located in Bavaria, Germany. At present, all are owner-occupied and the Community of Apartment Owners (...
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germany insurance company is asking for their referral bonus back after they said it is mine [closed]
I was wrongly transferred a referral bonus of 12k euros spanned across 10 transactions for a year starting Summer 2021 from my insurance company. I did not refer anyone however.
I reported the problem ...
user49649
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(Germany) Does a follow-up lease contract completely supersede the old one?
In the last three years or so I had to sign a new lease contract for the same place three times:
At the very beginning of the lease
When my girlfriend moved in
When I had to get an extension for 3 ...
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Do you need to give the source when making a "Privatkopie" (Germany)?
In Germany, when making a Privatkopie, for example by taking notes in digital form, do you need to include from which book the notes were taken, the author's name, ... if you are only going to ...
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Are you allowed to solve an exercise from a book more than seven times?
In Germany, apparently, you are allowed to make a "Privatkopie" at most seven times. Are you allowed to write down an exercise on a device using a note taking app more than seven times?
Does ...
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Are you allowed to take notes on a book you bought with a note taking app?
Most books have something like "no part of this work may be copied" written on their first page.
Are you allowed to take notes on a book after you have purchased it with a note taking app, ...
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How to transport a knife that falls under the Weapons Act
In Germany, there is a law (Weapons Act) that prohibits the carrying of a knife with a blade length of 12 cm. "Fixed knives with a blade length of more than 12 centimetres, any knives classified ...
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Getting employed by different company than you sign contract with (without your knowledge) [closed]
This is in Germany.
So there is company A.
Recently i applied for a job with A, got interviewed, got accepted and signed a Arbeitsvertrag (work contract) with company A.
Now i got my first ...
user48892
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When an author published a set of lecture notes on his website but didn't include a license, are you allowed to download it?
Many authors put up their lecture notes online on their personal webpages, available for anyone to download, but many of them don't include a license.
Are you allowed to download them or not (as ...
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In Germany, why are fines for fare evasion more likely to lead to jail time than other traffic-related fines?
For most traffic related offences in Germany, eg: illegal parking, driving intoxicated and speeding, the punishment is a fine. But, if you enter the public transprot without ticket, then you are ...
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Rule Priority vs Rule Exception difference from legal perspective in driving rules
I am from non law background, but struggling to understand what types of rules will qualify as rule exception and what falls under rule priority. As if we go to rule book like California DMV or German ...
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Is forcibly smearing someone with feces a crime, and which one?
In February 2023, a German ballet director forcibly smeared dog feces into the face of a journalist. The director said the journalist had written scathingly critical reviews of his work for years, and ...
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Internal country rules for repealing a treaty
Most countries have rules and procedures set (usually) in their constitution about how to sign and ratify international treaties and what standing they have compared to the laws and the constitution ...
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German law: Food in a coffee shop
I am planning to open a coffee shop in the near future (as soon as it becomes legal).
I don´t ask for help about the entire coffee shop thing, however I want to know which requirements I must meet to ...
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Work time when unable to work due to power outage (germany)
I'm working in an office space where I don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers).
We had a power outage due to a ...
user48892
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Can I use a pseudonym in the Impressum of a non-commercial website?
I am creating an online forum where users can communicate and exchange ideas with no public content. This means that the website does not have any commercial activities, and it does not engage in any ...
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Being employed in two EU countries simultaneously
Is it possible (legal) to be employed in two jobs (full time) in two different European countries at the same time?
Secondly, is it possible to have work permits of two countries simultaneously being ...
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What was the legal basis for farmer Eckardt Heukamp to be forced to sell his farm to RWE?
In Germany there are currently between 200 and 2000 climate activists in the Lützerath hamlet fighting the forced sale of the hamlet to a mining company. They are primarily on/around the property of ...
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Falsely accused of following someone in Germany
I am a foreigner living in Germany for some years. Unfortunately on one public holiday, I threw some bottles in nearby trash dedicated for glass where there were not many houses. I wore a latex gloves ...
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Can a company in Germany hire a remote worker from Iran?
Can a company registered in Germany hire a remote worker based in Iran? What regulation act is applied in this case?
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EU whistleblowing directive and legal assistance
In the EU whistleblowing Directive (EU) 2019/1937, it's stated that if the whistleblower is sued for defamation, legal assistance should be provided to him/her.
If we assume the legal actions have ...
user48371