Questions tagged [germany]

Jurisdiction of Germany.

Filter by
Sorted by
Tagged with
32
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 ...
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 ...
12
votes
4answers
6k views

Can you be convicted for being a murderer twice?

Germany has this weird specialty¹ in its criminal law's murder paragraph. While most paragraphs say something like “The person who does A is punished with B”, the murder paragraph (“Strafgesetzbuch § ...
11
votes
2answers
431 views

Under which German laws is it illegal to mock foreign rulers?

I read this (to me) strange article in the Washington Post saying a German comedian would go on trial in Germany for mocking the Turkish president. It appears from the article that it's this whole ...
10
votes
1answer
273 views

Rules for Pseudonoyms?

What are the rules for pseudonyms, especially when used online? May I use a Ph.D. in my alias even if I don't have one? May I use a royal title in my pseudonym? Could I be sued for it and what would ...
8
votes
1answer
497 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 ...
7
votes
4answers
377 views

Do I have the right to get a copy of the source code I wrote during an internship? (Germany)

I did an internship in a small software company in Germany and wrote mainly two programs, one which is just an example to learn the language which has no monetary value and another one which could be ...
7
votes
2answers
252 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 ...
7
votes
1answer
293 views

Does a German visitor implicitly agree to a website’s Terms of Service when reading a page?

When Bob visits a website and reads a page, does he implicitly agree to the website’s Terms of Service? The ToS are linked from each page (e.g., in the footer), and they say something like "By using ...
7
votes
1answer
147 views

Is “elektronische Post” (§ 5 Telemediengesetz) necessarily email?

§ 5 of the Telemediengesetz (German) lists what, for instance, website providers have to include in the typically called Impressum of the website. The second sentence of (1) is: Angaben, die eine ...
7
votes
1answer
188 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 ...
7
votes
1answer
152 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 ...
7
votes
2answers
443 views

To whom does the German 'Impressumspflicht' apply?

'Impressumspflicht' is a law in Germany forcing people running a website to publish personal information like name, address, email, telephone number and so forth. If it is a commercial website, even ...
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 ...
6
votes
2answers
366 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 "...
6
votes
1answer
2k views

Is it illegal to sell malware?

Is it illegal to produce and sell malware? If no, is there any data I need to collect on the customers? Is it illegal to produce and sell Crypters(programs that hide other programs from antivirus)? ...
6
votes
1answer
2k views

Entering private property that is not enclosed

I want to find out which German laws regulate entering (on foot) private nonenclosed property. Example: A paved surface right next to a public sidewalk. No fence, no signs. It doesn’t have to be used ...
6
votes
1answer
342 views

Who would have to pay for the damage resulting from sitting on a freshly painted bench?

When a bench in a public area gets repainted/lacquered, there’s typically a sign that reads "Wet paint!", which should warn people not to sit on the bench. A blind person can’t read this sign, sits ...
5
votes
3answers
916 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'...
5
votes
4answers
6k views

Is deadly self defense in Germany legal?

Since I am an American in Germany I have had this discussion with a few Germans but haven't got a concrete answer. If i am at home in Germany and someone breaks into my house and I see that they have ...
5
votes
4answers
601 views

Were Nazi atrocities legal according the German law of the time?

I have recently had a discussion with a German who claims that Nuremberg trials were entirely based on ex-post-facto laws, and all the atrocities Nazis did were legal according Germany's and ...
5
votes
3answers
381 views

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

German version below Long story short: I am interested in buying a piece of land next to ours. According to the official land register (Grundbuch), it belongs to two people, let's call them G and S. ...
5
votes
1answer
2k views

Does Germany offer refugees a path to citizenship?

Refugees have been flooding into Germany. Under German law do these refugees have a path to citizenship? Or if their situation is temporary would they be expected to leave the country when asked?
5
votes
2answers
99 views

Partial payment of registration fee required?

I am a 17-year-old student. In summer 2016, I registered for a MUN (Model United Nations) in Friedrichshafen, Germany. After two months, I lost interest in attending the conference set for October ...
5
votes
3answers
505 views

Is forceless groping illegal in Germany?

Is groping punishable in Germany? Assuming that no force is used, and all people involved are adults. Hypothetical case: Bob enters a bus and sits down next to Chuck. Both are adults, and they don’t ...
5
votes
2answers
217 views

DHL lost packet, Sender does not answer

The Scenario I bought a notebook online from a private person. As he lives to far away, we agreed on he sending it via DHL. I paid the money, he took the packet to the mail office, but the packet got ...
5
votes
1answer
551 views

Why was the Armenian assassin of Talat Pasha acquitted for murder?

The Armenian assassin of the ex-Ottoman Grand Vizier Talat Pasha, Soghomon Tehlirian was acquitted of murder in his trial. His defence was that he was killing Talat Pasha in retaliation for his crimes ...
5
votes
1answer
898 views

Do Github Projects by Germans Require an “Imprint” (Link) in their Readme?

As is discussed in various places, German law requires an "imprint"/"Impressum" (a page with some contact information, such as a physical address and an e-mail address, on the person responsible for ...
5
votes
1answer
871 views

Is contract valid if only one side signed it?

The company sent me the contract, I signed it and returned back to them, so now they should sign and send me the copy. In Germany, what if they decide to not sign and withdraw the process. What one ...
5
votes
1answer
231 views

Child attained legal age, do the parents still hold any rights to medical documents from childhood?

Situation A child, let's call him Pete, went to some medical treatment when he was younger than legal age (18). All documents about this treatment were sent to his parents. Pete is now (way) above ...
4
votes
3answers
1k views

ARD ZDF - “Enforcement Letter”

I am a master's student in Germany, and I live in a private flat share of 5 people for the past three years. I am not a native German and MAINLY NEITHER OF THE FLAT MATES OR MYSELF OWN A TELEVISION OR ...
4
votes
2answers
49k views

What are the drinking age laws in Germany?

I've always heard stories that in Germany, there is no drinking age. I know that in the United States, it is 21. Alcohol can cause health risks for underage children, so it would seem weird to allow ...
4
votes
3answers
7k views

ARD ZDF Deutschlandradio - deregistration

I am a student and I am going to complete my studies this April and I will go back to India permanently. I live in a shared WG and we are paying the ARD ZDF Deutschlandradio Beitragsservice fee from ...
4
votes
1answer
160 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 ...
4
votes
3answers
1k views

German Employment Law - Contractual penalties for not commencing a job

I have signed a contract with a German company, and one of the clauses says that if I am unable to start working for them, in the case of intentionally resigning, then they would charge me one month ...
4
votes
1answer
201 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
2answers
175 views

The controlling language in German employment contracts

I am about to be employed in Germany under an American company which has a branch office in Germany. Recently I got a contract from them that has side-by-side translations with German on the left ...
4
votes
2answers
170 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., ...
4
votes
3answers
645 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 ...
4
votes
1answer
1k views

Germany: Does a github.io hosted site require imprint / data privacy statement according to the GDPR?

github offers free publicly accessible data storage. Many people use that to present their personal profile where they e.g. advertise for freelancing services. An example url could be http://username....
4
votes
1answer
6k views

Is it perjury if I accidentally make a false statement under oath, but fail to correct it once I realized?

This answer claims that you are required to correct an accidental false statement made under oath: When you become aware that a statement made under oath was false (assuming such a statement was ...
4
votes
1answer
136 views

What if the law changes after your proces begins?

What would happen if there is a law change and those laws had had an influence on your case? Some scenarios, what would happen: The law you are sued for is deleted ... while your process is going ...
4
votes
2answers
561 views

Overtime salary in Germany

I have a work agreement and there is a point: The gross monthly salary shall also discharge any extra work or overtime. What does it mean? Does it mean that I get extra pay for overtime or it means ...
4
votes
3answers
133 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 ...
4
votes
1answer
166 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. ...
4
votes
1answer
121 views

What happens if you have to turn up at two or more courts at once?

I was wondering, when a court sends out "invitations" for persons to appear at a court session, it usually includes a "you have to appear if not sick (or else)" clause. Now naturally it can happen ...
4
votes
1answer
194 views

Can a lawyer charge the business fee (Geschäftsgebühr) when my interaction with amounts only to an e-mail exchange?

Background: Last year I had a problematic tenant in our (owned by my mother) apartment in Germany. He was repeatedly late/not paying the rent and not responding to phone calls or letters. Around the ...
4
votes
1answer
311 views

What is the meaning and the implications of Art. 27, GG (German Basic Law)?

What is the meaning and the implications of Art. 27, GG (German Basic Law)? Alle deutschen Kauffahrteischiffe bilden eine einheitliche Handelsflotte. I suspect it has something to do with maritime ...
4
votes
1answer
135 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 ...
4
votes
3answers
2k views

Is it permitted to work as a freelancer on Upwork while studying in Germany?

Next April I am going to start a master program in Germany living on a student visa. Currently I am working as a freelancer on Upwork. I know that in Germany it is not permitted for people on student ...

1
2 3 4 5