Questions tagged [germany]

Jurisdiction of Germany.

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4 votes
1 answer
323 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
0 answers
96 views

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 ...
2 votes
0 answers
52 views

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 ...
3 votes
1 answer
139 views

How is the 'right to life' reconciled with the legal authority of military officers? (to issue orders that will cause deaths)

I'm not familiar with the academic or practical debates for this topic so I would like to ask it here. The closest related was this decision of the German supreme court regarding plane shootdowns: ...
4 votes
3 answers
3k views

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 ...
31 votes
3 answers
4k views

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 ...
-2 votes
1 answer
106 views

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 ...
10 votes
3 answers
414 views

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 ...
0 votes
1 answer
170 views

I want to know if i have the right to push someone if they slapped me in self defense

I have a question, about 3 or 4 months ago, i was just outside chilling with some of my friends and then some girl came and slapped me, all i did was push her back in self defense. I just want to know ...
36 votes
3 answers
9k views

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 ...
1 vote
2 answers
178 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 ...
2 votes
1 answer
176 views

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 ...
10 votes
3 answers
3k views

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 ...
2 votes
2 answers
122 views

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 ...
0 votes
1 answer
381 views

Legal status of animals in Germany

How has Germany has dealt with the legal status of animals? What, if any, transition has taken place from a thing to a creature in a legal context? This question is prompted by a sentence found in ...
0 votes
1 answer
165 views

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 ...
2 votes
2 answers
141 views

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 ...
9 votes
2 answers
1k views

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 ...
0 votes
1 answer
144 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 ...
-3 votes
2 answers
167 views

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
-2 votes
1 answer
98 views

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 ...
0 votes
1 answer
93 views

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 ...
2 votes
0 answers
109 views

Flight company cancelled flight and didn't provide alternative - should they refund my new (more expensive) ticket?

Through Opodo, I bought a flight ticket from Münster to Oslo on 8 July, via München. It was a Lufthansa flight. On 4 July Opodo e-mailed me that Lufthansa cancelled the flight. I should wait up to 48 ...
2 votes
1 answer
114 views

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 ...
1 vote
2 answers
112 views

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 ...
1 vote
1 answer
141 views

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 ...
2 votes
1 answer
169 views

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 ...
3 votes
2 answers
243 views

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?
2 votes
1 answer
79 views

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 ...
13 votes
1 answer
4k views

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?
8 votes
3 answers
3k views

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 ...
5 votes
4 answers
5k views

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 ...
3 votes
1 answer
92 views

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 ...
15 votes
5 answers
6k views

Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?

I'm a developer working at a company that handles sensitive banking information and recently, I've had troubles organising my code and thus posted it in a private repository on Github, which only I ...
0 votes
1 answer
65 views

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 ...
1 vote
1 answer
92 views

(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 ...
3 votes
4 answers
248 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 ...
2 votes
1 answer
137 views

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 ...
16 votes
4 answers
5k views

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 ...
3 votes
2 answers
140 views

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 (...
23 votes
2 answers
6k views

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 ...
8 votes
2 answers
261 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. ...
5 votes
1 answer
249 views

Online Defamation in Germany after the Künast court victory

M F Whitaker asked a question which has since been closed because it asked for legal advice in a specific case. I believe that there are two questions of general interest in the closed posting. The ...
3 votes
1 answer
176 views

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 ...
1 vote
2 answers
105 views

(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 ...
9 votes
1 answer
867 views

Can a landlord ask me to see my luggage when moving in?

I am moving into a new home where landlord is living close by. I paid the rent and when I was about to move in, I came to get the key and the landlord told me that I cannot get it because I did not ...
0 votes
1 answer
85 views

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 ...
7 votes
1 answer
6k views

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 ...
1 vote
2 answers
160 views

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, ...
0 votes
2 answers
91 views

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 ...

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