Questions tagged [germany]

Jurisdiction of Germany.

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3 answers
218 views

Is taking a screenshot or photograph of e.g. a third person's ebay's account as evidence legal?

Alice and Bob live in a flat together. Bob mentions to Alice, that he is buying and reselling merchandise but not reporting it to the tax office, because he does not want to register a business. One ...
3 votes
2 answers
411 views

Is it necessary to explicitly disclaim warranties on "private" sales?

When people in Germany and Austria sell their own second-hand goods (used clothing, toys, bicycles, etc.) via online classified ads or auctions, they almost always include a statement explicitly ...
0 votes
1 answer
165 views

Is affirmative hiring illegal in Germany?

Saw this ad: https://stackoverflow.com/jobs/565648/women-in-tech-all-levels-at-sustainable-start-finn With the headline: "Women in Tech - all levels - at sustainable start-up (f/x) - Munich or ...
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 ...
-1 votes
1 answer
115 views

Is any of the free law programs in Germany arranged or attendable online?

This question arose out of the answer given by Volker Siegel to this question. Is it possible to establish admission online to without personal attendance or attend online after regular admission? ...
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 ...
-1 votes
1 answer
157 views

is it legal to take a service without paying for it?

I've been going to a gym for 2 years now, but have noticed that the gym has stopped taking the monthly fee from my bank account for some time now. I've been able to go to the gym normally though. ...
4 votes
1 answer
662 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 ...
3 votes
1 answer
306 views

How can I find whether a legal case has been filed against me in Germany?

I am a non-EU citizen who lived for a few years in Germany and left it a few years ago. My German landlord didn't pay my deposit back. When I contacted him by email about that, he responded by email ...
1 vote
1 answer
122 views

Energy provider retrospectively canceld contract, switching consumer to default provider. Who has to pay difference of energy prices?

The German energy provider Stromio went out of business and canceled all end consumer contracts on the 21st of December. However, due to 'technical reasons' the email notifying customers of this ...
4 votes
1 answer
1k views

Can a foreigner from non-EU country rent out his/her apartment in Germany?

I travel a lot to Germany as a tourist. I was thinking of buying an apartment there. Germany laws do allow you to buy property even on tourist visa. But I was wondering if I could rent that property ...
3 votes
1 answer
90 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 ...
0 votes
1 answer
73 views

Can I expect a confirmation after returning the security deposit?

I live in Austria and own an apartment in a German city and this question is about tenants who moved out of this apartment. I recently transferred them the deposit minus some repair costs and asked ...
1 vote
1 answer
55 views

(Online) Dictionary for German legal terms

Where can I find a search engine or (online) dictionary which returns the definition and usage of a given term? Example: Search: [Fachkunde ] Returns Type Source ...
2 votes
2 answers
193 views

Is it legal for a medical doctor to prescribe 'alternative medicine' to an unsuspecting patient?

It has happened to someone I know that a doctor prescribed them homeopathic treatment without explaining what homeopathy is (or even mentioning the word). Is this legal? This was done by a licensed ...
1 vote
1 answer
585 views

Is it legal to earn money from YouTube as a BlueCard holder in Germany?

Suppose that Bob is a non-European living in Germany and has a blue card. He doesn't have a permanent residence yet, just a blue card. He also has a freelance tax number (for software engineering). Is ...
1 vote
0 answers
37 views

Family re-unification visa processing time

Is there anything in immigration law in Germany which enforces that a family re-unification visa process should be finished maximum in a defined interval? I am from Afghanistan and having EU Blue-Card....
0 votes
1 answer
65 views

File hosting user agrement [closed]

I want to host a small website on my server where friends (and friends of friends) can upload files to get a link so that other can download those files again. Exactly like a filehosting service. No ...
3 votes
1 answer
290 views

Dual Citizenship for Adults in Germany

My sister was born in 1997 as a Bulgarian citizen in Germany. She became a German citizen while she was rather young (5 years old if I remember correctly), while keeping her Bulgarian citizenship. ...
1 vote
1 answer
367 views

Is it legal to send encrypted messages via a post card?

In German law, is it legal to send an encrypted message via a post card? E.g. encrypt a message text on a computer with RSA and print the Base64 encoding on the post card and send it. Or is it a ...
3 votes
3 answers
642 views

Can a child do a citizen's arrest?

I'm really interested to know if it's legal in London (UK) and Germany for a child, say at 13 or even aged 8, to do a citizen's arrest? On an adult, if that makes a difference.
2 votes
1 answer
215 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 ...
0 votes
2 answers
219 views

Harming third party in self defence

I recently watched a German crime series and there was the following situation: Kidnapper kidnaps several hostages Hostage A wants to break free Hostage B joins them (voluntarily) Near the exit they ...
2 votes
1 answer
163 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, ...
0 votes
1 answer
140 views

Does Germany excercise extraterritorial jurisdiction over its citizens?

Let me describe you a hypothetical that motivates the subject question; a German citizen has been sent on an official government business overseas (let's say an ambassador outside of the EU). On this ...
2 votes
0 answers
36 views

Germany - Non EU Citizen with Blue Card employment looking to start Freelance on the side

I am a non EU citizen living in Germany with a Blue Card - not tied to an employer - and a Zusatzblatt that allows me to take up freelance activities. My Employer has no clauses in my contract that ...
2 votes
1 answer
109 views

Do tenant need to sign damage documents after leaving their rented appartment?

when my landlord checked my room on my leaving day he claimed that my room wasn't clean (for example the mattress under the cover were dirty with black spots on them). but the thing is they were ...
-1 votes
2 answers
181 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
3 answers
156 views

Move money from Germany to Spain

I want to move money I earn working in Germany to Spain, where I am from. What should I take in account or be carefull to do during this transaction? I dont kow the minimum amount of money which I ...
0 votes
2 answers
192 views

Do they check ARD ZDF bill payment during de-registration in Frankfurt if a person is leaving the country?

I came to Frankfurt in Jul 2019. I lived in an apartment from Jul'19-Feb'20. During this period, I had some amount to pay to ARD ZDF. Eight months after moving to a new apartment (Oct'20), I de-...
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. ...
2 votes
1 answer
197 views

Can we presents Secret recordings as proof to the police?

I recorded a call from my former roommate Who claims that I caused him to lose his deposit and he wants me to give it back (he apparently did some damage to the room we used to live in, and somehow ...
0 votes
0 answers
58 views

Can I make use of intellectual property if my employer does not make use of it?

I have recently made an invention (software) at work and my employer is deliberating wether or not to file a patent. There are several pros and cons to filing a patent and it is unclear what the final ...
1 vote
1 answer
711 views

What are the penalties of making false police report in Germany?

my GF & I have discovered recently that our flatmate had made a false police report in Germany while she visited her partner there. In her report she told the police that her bag was stolen while ...
8 votes
1 answer
676 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 ...
0 votes
2 answers
225 views

"Impressumspflicht" outside Germany for individuals

This is another "Do I need an Impressum" question in a special case. I understand under German law, an impressum is required for all websites except strictly non-profit-oriented websites for ...
2 votes
1 answer
65 views

How does one enact a self disclosure of crypto currency income for previous years with the Tax office in Germany? (Strafbefreiende Selbstanzeige)

Since 2017, I have been unsure of the Tax implications of crypto currency gains in Germany or how to calculate them. With the introduction of new crypto Tax software I am now confident in my Crypto ...
1 vote
2 answers
383 views

Am I liable for damages if my car was pushed into another car by force?

Recently I've been the victim of a hit and run. My car was legally parked parallel to the street next to an garage entrance, another car was parked behind mine. Behind them also a garage entrance with ...
2 votes
1 answer
275 views

Working more than the yearly limit as a foreign student in Germany

As a foreign student in Germany, one has a 120-full-days or 240-part-days work limit during the year. From my personal experience so far, I have also noticed (thought might be wrong) that some laws ...
1 vote
1 answer
289 views

How does one remain Tax resident in Germany if one works abroad for a year or more?

How do I maintain my Tax residency in Germany while working outside of the country of Germany for more than 183 days per year? These days may or may not be consecutive depending on the work contract, ...
1 vote
2 answers
80 views

Do your gains from Crypto sold within a year in Germany raise your overall tax rate, or do they get taxed at your pre gains income tax rate?

I sold some of my crypto within the one year holding period in Germany. Crypto hodled for more than a year in Germany is tax free (neither Capital Gains or Income Tax). I am a musician and only earn ...
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 ...
1 vote
1 answer
169 views

How long can a company take to answer my GDPR request to download my data?

In March this year I started the process to download my personal data on a website. I received a mail a month later informing me that my request will be delayed and can take up to 90 days to be ...
2 votes
3 answers
2k views

What are the laws for trespassing in Germany?

Bobbi, national or equivalent of Germany, after admitted to enter, refuses to leave from public (government) premises at the close of business hours despite being given due notice. What laws and ...
0 votes
1 answer
246 views

Does a landlord have the right to force me to evacuate the room I am subletting before the last day of the tenancy contract?

I am subletting a room in a university hostel from a friend who is technically my landlord. The contract ends on the 28th of February. I have been away from the country and will be back on 25/02/2021. ...
5 votes
1 answer
290 views

Staying anonymous as a witness in Germany

Alice witnessed an altercation in a public park in which a knife was pulled, but nobody was hurt. The police were called, the offender fled the scene but stayed in the vicinity. Since Alice saw ...
1 vote
1 answer
115 views

To whom does copyright of an item belong, if a computer program is used to create it, according to the Deutsches Urheberrecht?

Section 69b of the German Copyright Law "Deutsches Urheberrecht" states that: Where a computer program is created by an employee in the execution of his duties or following the instructions ...
0 votes
1 answer
132 views

Am I allowed to use the name of a railway system in advertising?

In Germany, there is the famous ICE (Intercity Express) train that everybody knows and loves. If I run ads in Germany, am I allowed to use this term in messages like Our software XYZ is the ICE of ...
0 votes
0 answers
66 views

Can a fitness studio extend a cancelled contract because of lockdown?

I cancelled my contract with a fitness studio in summer 2020. The 6 month cancellation period was due to end in March 2021. In Germany, fitness studios had to close in November 20 because of Corona. ...
3 votes
2 answers
169 views

Can a school control an independent student newspaper

A friend of me has founded a student newspaper in Germany that has an acronym of the schools name in its title. Like HBS instead of Harvard Business School. Internationally there are dozens of schools ...

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