Questions tagged [germany]
Jurisdiction of Germany.
447
questions
43
votes
4
answers
10k
views
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
My employer threatened me verbally, saying that he/she will search and find a critical error, in order to end my employment contract immediately, if I don't end the employment relationship from my ...
- 409
34
votes
6
answers
11k
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 ...
- 622
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 ...
- 435
20
votes
5
answers
3k
views
Which countries' inheritance laws apply?
My mother, a German national with a green card passed away recently. Her husband (my dad) of 59 years is an American citizen (born in US). My mother spent the majority of her adult years in the United ...
- 301
19
votes
3
answers
6k
views
Is it illegal in Germany to spread a list of locations that allow you to violate compulsory mask wearing
I was recently sent a website which, among other terrible health advice, links to a custom google map which allows users to enter locations where they can shop/go to without wearing a face mask (due ...
- 539
18
votes
1
answer
3k
views
Can I legally refuse entry to a landlord?
I am subletting an apartment from a friend who is technically my landlord. I refused him entry late at night after we had a row about a longstanding problem with one of the facilities in the apartment ...
- 353
18
votes
1
answer
5k
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 ...
- 321
16
votes
5
answers
5k
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 ...
- 163
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 ...
- 372
16
votes
4
answers
5k
views
Can a person go to the court if she signed a contract not to go to court?
Suppose a couple signed a prenuptial contract that said they couldn't go to court regarding their divorce and custody of children. Everything must be resolved through mutual consensus and consultation ...
- 640
15
votes
2
answers
1k
views
What law makes a Movie "Nicht Feiertagsfrei"?
Top Gun, Life of Brian and Heidi (2001) don't seem to have anything in common, but in Germany they are all declared "Nicht Feiertagsfrei" and may not be shown in a cinema on some days. Among ...
- 27.5k
13
votes
4
answers
6k
views
Can I deny people entry to a political rally I co-organise?
Can I deny entry or remove unwanted guests from a political rally I co-organise?
If we organise an officially authorised political rally in a public place for a particular cause (Palestinian ...
- 1,379
13
votes
3
answers
5k
views
Is PI legally allowed to require their PhD student/Post-docs to pick up their kids from school?
Assuming that I'm a PhD student/Post-doc, what kind of tasks are the principal investigator(PI) - i.e the group leader - legally allowed to ask me to perform?
For example, is s/he legally allowed to ...
- 511
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?
13
votes
1
answer
4k
views
Does the German GDPR require storing the data in a German datacenter for a tele-health company?
I co-founded a tele-health startup, we are expanding to Germany,
we have gone through the GDPR, and implemented most of it, however, we didn't quite understand the data residency part and found ...
- 233
12
votes
4
answers
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 § ...
- 267
12
votes
2
answers
696
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 ...
- 448
12
votes
2
answers
1k
views
What would happen to the churches (physical buildings), works of art, etc. in case of a new schism?
In the recent past, in the opinion of some theologians, the German catholic church is close to a schism with the Catholic Church.
Regardless of whether you agree or not, I'm interested in knowing what ...
11
votes
5
answers
1k
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 to the Germany's and ...
- 384
10
votes
2
answers
3k
views
How can I request an ISP to disclose their customer's identity?
As far as I know, breaking the law online in Germany (such as sharing copyrighted content) often results in a fine from a private law firm which gets your personal data from your provider by sending ...
- 1,337
10
votes
1
answer
830
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 ...
- 103
10
votes
1
answer
2k
views
Are German Police allowed to ask about private contact information?
This question is based on a story that happened a couple of days ago.
Two friends and I were walking outside. Right now, in Germany there are strict regulations about the number of persons and ...
- 113
10
votes
1
answer
3k
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 ...
- 374
10
votes
3
answers
1k
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 ...
- 255
10
votes
1
answer
364
views
Do other countries than Germany have traffic laws that regard a group of civil vehicles as one single vehicle?
I'm mostly interested in the situation in France, but this might be interesting for other countries as well, especially in the context of the current rise of bicycle usage:
Germany has § 27 in its ...
- 201
10
votes
1
answer
376
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 ...
9
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 ...
- 372
9
votes
4
answers
14k
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 ...
- 191
8
votes
5
answers
4k
views
Is there a time after which I can leave when I can't get in the office?
Today my boss was 20 minutes late to work and he has the only key to the office. I can only go in and out after the door has been unlocked so I had to wait outside the office.
While I was waiting for ...
- 191
8
votes
3
answers
464
views
Can a restaurant in Germany refuse service without a tip?
So I live in Germany, and there is a restaurant about 10 minutes away from my house. I often order from there but now much less. Delivery times can vary from 1 hour to several hours… I just noticed on ...
Jimmy
8
votes
2
answers
241
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. ...
- 183
8
votes
1
answer
890
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 ...
- 759
8
votes
1
answer
430
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 ...
- 183
8
votes
1
answer
430
views
Which public holidays apply to remote workers?
I am working remotely for a company in Germany from Germany. The company is in one state and my place of work is my home in another state. In Germany, we have different mandatory holidays in some ...
- 183
8
votes
1
answer
646
views
Can't renounce my citizenship due to being a deserter; can I apply for German citizenship?
I'm a Turkish citizen who is studying in Germany for the last 5 years. As one might not know, in Turkey, there is compulsory military service for every men. But, I don't want to do it (I don't want to ...
8
votes
1
answer
631
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 ...
- 1,379
8
votes
2
answers
1k
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 ...
- 203
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 ...
- 71
7
votes
4
answers
3k
views
Can I sign a new contract before resigning from a job that has not yet started
I have accepted an offer and signed a contract that starts next month (from August).
However, now, I have a new job offer that I prefer. I would like to accept it and sign a contract for this new ...
- 208
7
votes
2
answers
842
views
How can employer and union agree to tax-free payments?
The German news reports that the employer and employee representatives have reached a new collective labour agreement covering metal and electricity industries. I was surprised by on aspect of the ...
- 1,379
7
votes
4
answers
680
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 ...
- 221
7
votes
1
answer
1k
views
Blackmail inside Germany
I have a question about a common problem ... I have a female friend who lives in Saudi Arabia and her ex-boyfriend who lives in Germany blackmailed her with her own private pictures, that if she does ...
- 71
7
votes
1
answer
2k
views
What kind of information is a police officer in Germany allowed to ask, in random situations on the street, e.g., during a traffic check?
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. ...
- 536
7
votes
1
answer
456
views
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 ...
- 193
7
votes
2
answers
637
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 ...
- 173
7
votes
1
answer
479
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 ...
- 1,136
7
votes
1
answer
190
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 ...
- 1,136
7
votes
1
answer
3k
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)?
...
- 73
7
votes
2
answers
246
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 ...
- 71
7
votes
1
answer
537
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 ...
- 1,136