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Questions tagged [germany]

Jurisdiction of Germany.

2
votes
1answer
119 views

How can I quickly make a tenant move out of a sold house?

Sold House in Germany in empty condition whitout tenants to a builder who wants to demolish and build a new house. Handover to new owner failed because one tenant still claims to live there. ...
0
votes
1answer
75 views

asked to sign an affidavit even though one can't testify

Imagine one bought something at an online shop. The shop ship it via a common shipping company. The online tracking said it has been delivered to the buyer but one didn't receive it, nor got a notice ...
3
votes
1answer
89 views

'Right to be forgotten' denied due to insufficient identification

I registered for a free online service with fake data while being underage. Years later I request to have the account deleted, using the e-mail address I registered with. However, to identify me as ...
4
votes
3answers
100 views

Do I need permission to use an image from a book from 1942?

The book is On growth and forms by D'arcy Thompson. It was published in 1942 and Thompson died in 1948. Wikipedia uses the image citing public domain. Can I use extracts and images from the book with ...
1
vote
1answer
61 views

Are contracts correct/legal with a wrong Postcode and City?

Last week I signed a contract for a gym membership with the wrong location. I'm not really aware of how contract signing is handled in other countries, but here in Germany it always is a part of it. ...
1
vote
1answer
77 views

Can I refuse to integrate google/Facebook trackers on a website?

I work as front end developer for a company in Germany and regularly get asked to implement trackers in the products. In my opinion it is immoral to sell out your users to tech giants (and probably to ...
4
votes
1answer
71 views

Can I apply for German Citizenship?

My German grandfather had to flee Germany in 1934 as a member of KPD. He died in 1938 in Moscow; a victim of Stalin's Great Terror. His German family was compensated post 1945 for his death which ...
33
votes
5answers
8k views

What is the purpose of a disclaimer like “this is not legal advice”?

If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"? For the purposes of this question, I ...
2
votes
1answer
76 views

What does it mean for a statute such as § 2 (1) 7 AGG to “apply” but have no legal consequences?

I am in the process of finding out the legal framework surrounding anti-discrimination statutes in German public universities as it pertains to students (not employees of the university as they are ...
0
votes
1answer
28 views

Liability for insurance if electric/water supply installation for a kitchen done by myself in Germany

Do I need to hire a certified electrician/plumber to install water and electricity supply for a kitchen to ensure any following damage is insured by the building/home insurance or can I do it myself ...
3
votes
1answer
54 views

Why the german “Agentur für Arbeit” would oficially support companys acting against german law?

In the comments1 to this answer: Badly designed reimbursement form. What does that say about the company? I had yesterday an discussion where another user claimed by §670 BGB companys are in Germany ...
0
votes
1answer
35 views

Work remotely in a EU country for a non EU company

I am a German citizen permanently living in Germany. Is it legal to be employed by a company located in Mauritius and work 100% remotely without ever visiting Mauritius?
1
vote
2answers
45 views

Is the termination of a contract valid without a confirmation paper?

So I terminated my gym membership about 2 months ago (notice period was 1 month, but I wanted to have it done at that point just to be sure). I handed in the paper personally, because I still worked ...
1
vote
1answer
117 views

Is it legal for employers to ask for social media handles?

is it legal for employers to ask for social media handles in job application or pre-employment forms? If it is unrelated to the job? I understand for jobs like marketing, modeling etc. where a large ...
0
votes
3answers
104 views

Legal Limits for damage reparation

In the 2004 German movie The Edukators, part of the characters motivation revolves around a damage reparation: "Jule is a waitress struggling to pay off a €100,000 debt she incurred a year ago when ...
3
votes
1answer
75 views

Legally, what agreement is entered into when posting a letter (in Germany)?

I am interested in what laws, either explicit or implicit, cover the delivery of a letter in Germany. I would imagine that if I accurately address a letter that contains content which is permitted, I ...
0
votes
0answers
81 views

Is it legal to terminate employee after them not signing an optional contract?

I asked this question a few days ago at Workplace.SE community. The contract stated what I mentioned in the linked question, plus that in twenty years his salary would be around 50-something ...
1
vote
3answers
89 views

What about if a company use the information that you shared during interview

I am a software engineer in Germany, I had an issue and i don't know how to react: Several weeks ago i had a job interview with a recently founded startup; I met with a co-founder of startup and we ...
0
votes
0answers
19 views

Consumer rights for internet contracts - additional costs incured - Germany

I'm located in some EU country. I've bought (as in signed a contract over the internet) a product from a company located in Germany. I've paid the product via bank transfer and got there to retrieve ...
1
vote
1answer
110 views

Is it allowed to “copy” a video game concept? [closed]

I am developing a little mobile MMORPG which is Google Maps based and uses your GPS position to make you play around your area. I came up with the idea after a famous and beloved game called "...
0
votes
1answer
76 views

Quitting Job on the first day? What would be my last day? (Germany)

I wish to cancel my new work agreement that I already signed. On 01.02.2019 (First day at the job) Notice of termination: one month to the end of the month (during the probationary period) Which ...
2
votes
1answer
74 views

Which law prevented the extradition of this Nazi war criminal?

I just watched with the greatest anger the following video about an unrepentant Nazi war criminal who has become the subject of considerable Neo Nazi worship. YouTube Link As explained therein, the ...
1
vote
2answers
77 views

Legality of employment contract clause - Training reimbursement

I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer. In this case, ...
2
votes
0answers
69 views

In Germany, can someone sell an auto without being the owner?

I am temporarily living in Germany, and my knowledge of the language is limited. In my country, if Bob wants to sell an auto to Alice (privately), there are three steps needed: 1) Bob must prove to ...
3
votes
3answers
320 views

Is it illegal in the EU / in Germany to download a scientific e-book?

Suppose there's a scientific monograph I really want to read but don't want to buy. I find an e-book on some website (where it is accessible to the public without restrictions) and download it. I don'...
3
votes
0answers
101 views

What to do when an Ambulance can't pass you?

So here's the deal: Earlier I was driving on the highway to work, which currently is under construction work. Because of that, one of the two lanes is closed and the second one is slightly narrowed. ...
0
votes
1answer
66 views

Is an email answer for an apartment rental legally binding?

Here's the situation. We are looking to rent a flat in Munich, where the market is not exactly favorable for the tenants. We received a positive answer today from an agency, for flat A, but the flat ...
1
vote
0answers
29 views

Secondary Battery Claim under ADR

I am working for a company that sells gardening / power tools powered by a Li-ION battery, the device not the offence. (3.6V 1S1P single cell up to 40V 10S2P). When the customer (private person, John ...
2
votes
1answer
366 views

Reclaim VAT after buying a car to be exported from Germany to outside EU

I'm a North African citizen living in an Scandinavian country (temporary residence permit - working grounds) and planning to buy a car from Germany to be exported to my home country (outside EU). I ...
1
vote
0answers
36 views

Working contract not handled (germany)

Hy, I would like to know what the German law says about employers not giving documents, such as their working contract, to their employees. Here is my personal context. I started to work in Mai 2018 ...
1
vote
0answers
91 views

Dismissed before start date due financial history in background check

A month back I signed a contract with a company as a software developer, the company in question is a financial institution based in Sweden with a german office. Recently they finished their ...
2
votes
0answers
61 views

Disturbing peace by playing table soccer

There is a soccer table, which stands in an apartment and the neighbour feels disturbed by it every time a game is played. He has already called the police several times, but they usually came after ...
1
vote
0answers
12 views

Datamodel transfer between two database technologies

As a purchaser of an application program with an associated database, may I transfer the structure of this database (tables, attributes, links, ...) to another database technology without conflicting ...
2
votes
0answers
71 views

Website using Phonenumber, frequently getting phone calls from strangers

A website is using the mobile/cellphone number of a relative in their contacts. He's getting phone calls from strangers multiple times a week, sometimes even multiple times a day. He's not to familiar ...
3
votes
2answers
79 views

Which jurisdiction applies in an international case around a missing package?

Let's say a company in Mississippi send a package to a customer in the EU (Germany). The item has already been billed, including shipping costs. Due to mishandling at the customs, the package is sent ...
2
votes
1answer
180 views

Employer did not accept resignation in Germany

I'm currently working for a company in Germany and the notice period is two weeks. I sent my resignation via E-mail. They told me after 3 days that they did not accept it because I need to send it ...
7
votes
1answer
145 views

Under GDPR right of access, do I have the right to receive a copy of scoring sheets / evaluation forms after a structured job interview?

Under the GDPR right of access, what rights do I have to employer assessment of myself in the role of a job applicant after a structured job interview? Presumably, in a structured job interview ...
2
votes
1answer
84 views

Gym Membership Extraordinary Termination when Flaws were already present before signing?

I'm going to a local gym in my town for about half a year. At the time I signed the contract I didn't have a car and bus or train is terrible where I live, so I had no other gym to choose from. The ...
0
votes
1answer
52 views

What EU law regulates the service providers liabilities and responsibilities for user posted content?

This question is closely related to: How do community websites and forums defend against copyright claims?, but it didn't exactly answer my question as my question is about servers based in Europe. ...
4
votes
2answers
215 views

How can I buy a piece of land in Germany whose owner is unknown?

Long story short: I am interested in buying a piece of land beneath ours. According to the "ground register" (Grundbuch), it belongs to two people, let's call them G and S. Facts known about these ...
4
votes
1answer
97 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 ...
4
votes
3answers
183 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 ...
3
votes
1answer
256 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
votes
1answer
86 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
48 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
vote
1answer
90 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 ...
1
vote
0answers
45 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
votes
0answers
30 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
2answers
228 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
109 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 ...