Questions tagged [germany]

Jurisdiction of Germany.

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1answer
363 views

How can I quickly make a tenant move out of a sold house?

Sold House in Germany in empty condition whitout tenants to a builder who wants to demolish and build a new house. Handover to new owner failed because one tenant still claims to live there. ...
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1answer
96 views

asked to sign an affidavit even though one can't testify

Imagine one bought something at an online shop. The shop ship it via a common shipping company. The online tracking said it has been delivered to the buyer but one didn't receive it, nor got a notice ...
4
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1answer
219 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 ...
3
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3answers
168 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 ...
1
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1answer
980 views

Are contracts correct/legal with a wrong Postcode and City?

Last week I signed a contract for a gym membership with the wrong location. I'm not really aware of how contract signing is handled in other countries, but here in Germany it always is a part of it. ...
2
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1answer
100 views

Can I refuse to integrate google/Facebook trackers on a website?

I work as front end developer for a company in Germany and regularly get asked to implement trackers in the products. In my opinion it is immoral to sell out your users to tech giants (and probably to ...
5
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1answer
206 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 ...
33
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5answers
10k 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 ...
3
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1answer
116 views

What does it mean for a statute such as § 2 (1) 7 AGG to “apply” but have no legal consequences?

I am in the process of finding out the legal framework surrounding anti-discrimination statutes in German public universities as it pertains to students (not employees of the university as they are ...
0
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1answer
38 views

Liability for insurance if electric/water supply installation for a kitchen done by myself in Germany

Do I need to hire a certified electrician/plumber to install water and electricity supply for a kitchen to ensure any following damage is insured by the building/home insurance or can I do it myself ...
4
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1answer
250 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 ...
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1answer
84 views

Work remotely in a EU country for a non EU company

I am a German citizen permanently living in Germany. Is it legal to be employed by a company located in Mauritius and work 100% remotely without ever visiting Mauritius?
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2answers
281 views

Is the termination of a contract valid without a confirmation paper?

So I terminated my gym membership about 2 months ago (notice period was 1 month, but I wanted to have it done at that point just to be sure). I handed in the paper personally, because I still worked ...
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1answer
186 views

Is it legal for employers to ask for social media handles?

is it legal for employers to ask for social media handles in job application or pre-employment forms? If it is unrelated to the job? I understand for jobs like marketing, modeling etc. where a large ...
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3answers
144 views

Legal Limits for damage reparation

In the 2004 German movie The Edukators, part of the characters motivation revolves around a damage reparation: "Jule is a waitress struggling to pay off a €100,000 debt she incurred a year ago when ...
3
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2answers
143 views

Legally, what agreement is entered into when posting a letter (in Germany)?

I am interested in what laws, either explicit or implicit, cover the delivery of a letter in Germany. I would imagine that if I accurately address a letter that contains content which is permitted, I ...
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0answers
96 views

Is it legal to terminate employee after them not signing an optional contract?

I asked this question a few days ago at Workplace.SE community. The contract stated what I mentioned in the linked question, plus that in twenty years his salary would be around 50-something ...
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3answers
171 views

What about if a company use the information that you shared during interview

I am a software engineer in Germany, I had an issue and i don't know how to react: Several weeks ago i had a job interview with a recently founded startup; I met with a co-founder of startup and we ...
1
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1answer
240 views

Is it allowed to “copy” a video game concept? [closed]

I am developing a little mobile MMORPG which is Google Maps based and uses your GPS position to make you play around your area. I came up with the idea after a famous and beloved game called "...
1
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2answers
221 views

Quitting Job on the first day? What would be my last day? (Germany)

I wish to cancel my new work agreement that I already signed. On 01.02.2019 (First day at the job) Notice of termination: one month to the end of the month (during the probationary period) Which ...
2
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3answers
259 views

Which law prevented the extradition of this Nazi war criminal?

I just watched with the greatest anger the following video about an unrepentant Nazi war criminal who has become the subject of considerable Neo Nazi worship. YouTube Link As explained therein, the ...
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2answers
121 views

Legality of employment contract clause - Training reimbursement

I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer. In this case, ...
5
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3answers
2k 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'...
4
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1answer
188 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. ...
0
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1answer
218 views

Is an email answer for an apartment rental legally binding?

Here's the situation. We are looking to rent a flat in Munich, where the market is not exactly favorable for the tenants. We received a positive answer today from an agency, for flat A, but the flat ...
2
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1answer
1k views

Reclaim VAT after buying a car to be exported from Germany to outside EU

I'm a North African citizen living in an Scandinavian country (temporary residence permit - working grounds) and planning to buy a car from Germany to be exported to my home country (outside EU). I ...
2
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0answers
105 views

Dismissed before start date due financial history in background check

A month back I signed a contract with a company as a software developer, the company in question is a financial institution based in Sweden with a german office. Recently they finished their ...
2
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1answer
125 views

Disturbing peace by playing table soccer

There is a soccer table, which stands in an apartment and the neighbour feels disturbed by it every time a game is played. He has already called the police several times, but they usually came after ...
2
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0answers
83 views

Website using Phonenumber, frequently getting phone calls from strangers

A website is using the mobile/cellphone number of a relative in their contacts. He's getting phone calls from strangers multiple times a week, sometimes even multiple times a day. He's not to familiar ...
4
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2answers
137 views

Which jurisdiction applies in an international case around a missing package?

Let's say a company in Mississippi send a package to a customer in the EU (Germany). The item has already been billed, including shipping costs. Due to mishandling at the customs, the package is sent ...
2
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1answer
954 views

Employer did not accept resignation in Germany

I'm currently working for a company in Germany and the notice period is two weeks. I sent my resignation via E-mail. They told me after 3 days that they did not accept it because I need to send it ...
7
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1answer
276 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 ...
2
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1answer
107 views

Gym Membership Extraordinary Termination when Flaws were already present before signing?

I'm going to a local gym in my town for about half a year. At the time I signed the contract I didn't have a car and bus or train is terrible where I live, so I had no other gym to choose from. The ...
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1answer
78 views

What EU law regulates the service providers liabilities and responsibilities for user posted content?

This question is closely related to: How do community websites and forums defend against copyright claims?, but it didn't exactly answer my question as my question is about servers based in Europe. ...
5
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3answers
483 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. ...
7
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2answers
227 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
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3answers
873 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 ...
6
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1answer
1k 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. ...
0
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1answer
290 views

What are customer laws about clothes warranty in Germany?

I live in a Germany for half of year now, and it's relatively difficult to understand all local laws and regulation, especially if you don't speak German. I bought new sneakers in the large retail ...
0
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1answer
92 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 ...
1
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1answer
160 views

Paying salary back after leaving the company

A few days ago I received a pretty interesting letter from my ex employer. During my time there I made minus hours, caused by the project situation (I am a software developer). The letter says I ...
1
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0answers
96 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 ...
6
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2answers
449 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 "...
3
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2answers
285 views

Is brute forcing the password of an encrypted file legal?

A person I know sent me an encrypted .zip archive and I do not know what data is inside. Is it legal to break the password and open the archive, for example, by using a brute force algorithm? The ...
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0answers
151 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 hash on the post card and send it. Or is it a ...
3
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1answer
240 views

Just how different is the legal situation in Germany under GDPR compared to previously with respect to running a website?

A frequent statement with respect to making German websites GDPR-compliant is that barely anything has changed in Germany with DSGVO (the German version of GDPR) and the previously applicable national ...
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0answers
36 views

Do accelerators or incubators help to getting visa?

If I have a MVP(Minimum viable Product = creating a prototype of a tech invention or idea) that I like to find an investor or create a startup around it in UK/Germany/US/Canada, applying for ...
7
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1answer
2k 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 ...
4
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1answer
171 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 ...
3
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1answer
160 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. ...

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