Questions tagged [germany]
Jurisdiction of Germany.
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 § ...
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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?
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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 ...
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Is it illegal to voluntarily work longer than the law allows?
Let Bob be a software developer that can work from home. Bob's contract says he has to work 40h/week. The employer offers a flexible distribution of those hours and doesn't care when Bob works, as ...
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Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?
The German Constitutional Court (Bundesverfassungsgerichts) recently ruled that a second trial (due to new evidence) after a previous acquittal violates the German constitution:
BVerfG urteilt zur ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
user48892
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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. ...
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