Questions tagged [germany]
Jurisdiction of Germany.
235
questions
2
votes
1answer
61 views
Can a child release his own work into e.g. the public domain?
I (15 years old; living in Germany) write software now for ~four years and wondered whether I can release it into the public domain or under some free software license without having to ask somebody. ...
0
votes
0answers
25 views
Equipment purchased not shipped after over 3months
I purchased a ready-to-ship used printer in February 2020, the payment was acknowledged but the company has failed to ship. The printer was to be shipped immediately but its been over three months, no ...
0
votes
0answers
26 views
Reporting exzessive requested and unrequested overtime during Furlough
At least half of our current staff is on furlough(Kurzarbeit).
I am living in Germany and our employer is requesting exzessive amounts of overtime while we are only allowed to work 20-50% of our usual ...
1
vote
0answers
44 views
Is there any legal obligation to banks to offer only one “purpose” field in online banking systems?
I have used numerous online banking interfaces in Germany for money transfer between accounts. While they can be quite different in terms of features such as auto-completion, storage of reusable ...
1
vote
0answers
55 views
how to know if somebody sued you in germany?
2 years ago before I left Germany someone I knew said that he will file a lawsuit against me :(
I am now not in Germany and I didn't give this guy my address in my current country
but how can I know ...
-2
votes
0answers
28 views
Building a Formula 1 non-commercial website. Terms of usage clarification
I would like to create a website for F1 results. This website is intended to be a “pet” project (non-commercial, no advertising, no donations, only for programming experiments).
As a service to get ...
8
votes
1answer
322 views
Notice period for rental contract for a shared flat
In Germany, assume that Allice has a flat (either rented or owned, I think this does not matter) and lives in it herself. She decides to rent one room to Bob with an indefinite contract.
My research ...
0
votes
0answers
55 views
Can my landlord legally not let me do my anmeldung in Germany?
I really need to do my anmeldung so I can start working and get health insurance in Germany now (during corona). I moved out of a youth hostel once it shut down and me and two others found a room for ...
5
votes
1answer
132 views
Is it GDPR-compliant to require *public* publishing of personal info as condition for access to a service?
Background: For roughly 2 decades I've run my own private email infrastructure for myself, open source projects, and a few other individuals over business internet service intended for such usage. I'...
0
votes
1answer
77 views
Is the ZIP Code allowed as part of a ordernumber
We have a Webshop and want to have the Customers ZIP Code within our Order Number.
Is this against the GDPR?
2
votes
1answer
27 views
Does an unlawful contract duration invalidate termination deadlines even after lawful extensions?
The following question is relevant for Germany. The contract of interest is with a gym, which might be relevant because contracts with them sometimes have special rules.
In Germany, a contract with ...
-3
votes
0answers
77 views
Is it illegal to email a real estate agent in Germany?
Alice is a real estate agent.
Alice posts her email address on her web site.
Without Alice's "clear and informed consent," Bob emails Alice at the email address Alice posted on her web site.
Is Bob ...
2
votes
1answer
267 views
Can I be sued by a hotel in Germany
I signed a non-refundable contract for a group stay at the Westin Grand Berlin for May 8, 2020. The group had to cancel the trip due to COVID-19 pandemic. The hotel sent me an invoice for the balance ...
1
vote
0answers
38 views
Short-time work for professional football players
In Germany, a lot of people are currently doing "short-time work" right now which is partly compensated by the state or state-controlled insurances.
I heard that some employees of professional ...
0
votes
1answer
74 views
Am I allowed to exit my rental contract early because of my roommate?
I live in Germany and rented two rooms in a residential community ("WG") for several years. Recently, someone who behaves very badly moved in. He destroyed many things, smokes inside, always listens ...
0
votes
1answer
44 views
Am I allowed to intermediately rent my rooms for 2 months?
I live in Germany and rented two rooms in a residential community ("WG") for several years. Recently, someone moved in who behaves very badly. He destroyed many things, smokes inside, always listens ...
0
votes
1answer
73 views
How to manage landlord/landlady's aggression towards a child?
Our landlord/landlady (an elderly couple) came to us to demand that our 3 year old daughter stops playing at home because it disturbs the neighbours living on the floor below.
Kindergartens are ...
0
votes
3answers
125 views
Can a phone conversation be summoned from telecom operator as evidence in court of law
Our landlord/landlady have twice made statements that suggest they breached our privacy. We have not recorded our conversations since we understand it would be illegal to do so.
However, we wish to ...
3
votes
1answer
65 views
Ownership of video lecture
Due to the pandemic, my university moves all classes online. This is a new situation and the administration is not well-prepared for this (which is understandable). I will give lectures online, in one ...
6
votes
1answer
2k views
Do the German contact restrictions prohibit any form of celebrating?
In response to the rapidly spreading coronavirus, Germany has enacted a general "ban on contact", effective starting today (Monday, 2020-03-23). It prohibits any gathering of more than two people in ...
1
vote
0answers
29 views
German citizenship - Complex case
My question is the following:
My great-grandparents were German. They never lost their citizenship. My grandmother was born in 1930 in Argentina (ius soli) and got married in 1950 to an Argentine (...
0
votes
2answers
87 views
Landlord rights in case of tenant death in Germany
In the shadow of recent virus outbreak, I could not help but to think about my landlord’s rights if I happen to die.
I can imagine that the German law has this covered. Can someone please point it ...
3
votes
1answer
103 views
No reimbursement for job interview travel expenses
I have already asked on the workplace about how to ask for reimbursement that was agreed on before a job interview. I'm gonna briefly summarize here what has happened so far.
After applying for a job ...
18
votes
1answer
4k views
Is there really a German law that requires that credit card companies *only* provide statements in read-only format?
I live in Germany and have a German €-denominated credit card. I used to download my monthly transactions in CSV format, but after a recent web site redesign, the new credit card web site only allows ...
1
vote
1answer
52 views
Voicemail recordings and transcription email fall under GDPR
A client calls, leaves a voicemail with his name and number.
A vendor calls, leaves account information and address information. This call is also transcribed and sent via email.
The above are ...
2
votes
1answer
122 views
Can you get sued for someone else modifying a website you own?
I own a website and domain and i've given someone access to modify it (developer). I am not a business and the person who has access is not paid for the job.
Recently the person who has access ...
4
votes
2answers
221 views
What happens if an expert witness admits he lied in a case
This happened in in 2004, in Germany, in a very small town. I don’t speak the language and relied on my English speaking lawyer and my bilingual gf.
On the night before the court date, my lawyer told ...
1
vote
2answers
98 views
Can I return shoes that hurt one of my feet in Germany?
I just bought a reebook shoes and I wore it today but after walking about 30 minutes my left foot top side(bridge) is hurting me so much that I can not resist. I wrote an email to the seller but they ...
2
votes
0answers
46 views
How does the GDPR differ from national data protection law?
Before the GDPR came into effect, I had to deal with both the German Bundesdatenschutzgesetz and the Italian Codice in materia di dati personali, and recall them having very similar provisions (though ...
2
votes
0answers
41 views
Law regarding associations around the world [closed]
In Sweden there is something called law of association/association law (associationsrätt). An association (that is the word used in Swedish too) in this context is any cooperation between people. It ...
2
votes
1answer
157 views
Am I required to hand out my private encryption key by german law?
I have posted a question over at academia.stackexchange.com (see [1]) which involves a legal question that may better fit here.
Context: I am a PhD student of a german university. Due to illness a ...
2
votes
1answer
59 views
Is it legal to perform communication with authorities for money in Germany?
I've gone through some processes of communcation with the register of associations and noted that there's no clarity of the process except for law texts and obscure forum posts.
I thought, I'd would ...
0
votes
1answer
114 views
My wife does not eat since 4 days, and threats me by divorce. How to save our family with a baby? [closed]
We are in Germany. Both of us, and also our baby (2 months old) are the citizen of another (EU) country.
Recently she became very crazy, and I don't know, what to do.
She does not eat. The case is ...
0
votes
0answers
35 views
Can i record a video based on a book and then publish it in Youtube?
I have an idea to record videos based on some books and then publish the videos in my channel in Youtube.
Of course, i will write a clear reference to the book and the author.
But, i am wondering, ...
3
votes
1answer
155 views
Is it legal to display Buddhist/Hindu swastikas in Germany?
In Germany, it is illegal to publicly display Nazi symbols, including the swastika. However, the swastika (and its chiral counterpart, the sauwastika) are Buddhist and Hindu religious symbols with ...
2
votes
2answers
97 views
Can a company restrict the period in which a contract termination can be submitted?
I live in Germany and have a yearly contract for the Adobe Creative Cloud. This contract can only be canceled 30 days before the one year period ends. They say, that a termination notice prior to ...
2
votes
2answers
52 views
Responsibilities (legal and fiscal) for individual (based in Germany) hiring an international freelance contractor online
Suppose that an individual hires a freelance contractor (through online platforms like Fiverr, UpWork, or Freelancer.com). The contractor may be from any country and may or may not have a regular VAT.
...
1
vote
1answer
115 views
Marriage between two brothers and related situations
Incest (for example between a brother and sister) seems to be illegal in most countries. The main (and only?) argument for that is that there is a high probability that the children might be ...
1
vote
1answer
127 views
German “Quiet Hours” exceptions
I haven't been to Germany but I've heard of the Quiet Hours law. It is required to keep noises at very low levels during "quiet hours" like at night, on Sundays and holidays. However, I'm pretty sure ...
0
votes
1answer
77 views
Germany - can my boss refuse to pay me the Christmas bonus in light of my resignation?
I'm working in Germany. My company usually gives a 13th salary to its employees, divided in 2 parts (one half in June, and the second in December). It's not technically a 13th salary, since it's not ...
3
votes
2answers
151 views
Is it allowed to destroy political billboards?
I see that political posters in Germany during election get destroyed all the time. For example, NPD posters are always teard down or on a ground. Merkel's picture is often with beard and mustache. ...
1
vote
1answer
185 views
Is a 10 hour workday in Germany 9AM until 7PM or 9AM until 7:45PM?
From what I found in the google-translate of (what I believe is) the relevant Ministry of Justice page,
it seems that lunch and breaks count towards the maximum of 10 hours per day in Germany.
...
7
votes
2answers
267 views
Can a thief legally use force to prevent you from take your property back, in Germany
In this comment on another stack a user claims:
Even in thoroughly socialist places such as e.g. Germany where criminals have more rights than lawful people (see e.g. BGB 858 and 859 which not only ...
0
votes
1answer
50 views
Leave Germany for few months after having registered
I am a an Italian university employee in Munich. I have rented a flat until the end of November and I did the "Anmeldung" in the offices of the burgeburo.
Now I need to leave Germany for 4 months due ...
0
votes
1answer
65 views
Buying a business in Germany
Therr is Person A with SoleTraderCompA
and person B with no company.
Person A wants to sell to B,
B wants to buy.
Both residents of Germany.
How can this be processed?
Transfer obligations etc.
...
0
votes
2answers
69 views
Section, sentence, nos. (German immigration law)
Section 18b of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory contains the next text:
A foreigner who has successfully completed his studies at a ...
3
votes
2answers
362 views
Why are Nazi war criminals being prosecuted now?
Lately numerous former Nazi war criminals are being prosecuted. The latest being a 97 year old former SS soldier.
But why are they being prosecuted now? Why did they take so long to do this?
4
votes
2answers
181 views
Must German job postings include “(m/f)” even in English?
As I understand it, German law requires companies posting job openings to address the gendered nature of the German language by including both the masculine and feminine forms of the job title (e.g., ...
0
votes
0answers
62 views
What does German law say about online threats using Social Media (Youtube)?
I was watching a Youtube Video where a man calls on other people to kill a woman who burned the Quran and filmed it.
I know it's not OK if you disrespect somone's religion, but no one has a right to ...
2
votes
1answer
75 views
Public WiFi - when do you have to delete stored user data?
Note: I originally thought of this for germany, but if you have examples from other countries those are also welcome, since im interested in the topic in general.
So lets say im using a public WiFi, ...
