Questions tagged [germany]

Jurisdiction of Germany.

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5
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1answer
183 views

Does German law have an equivalent of the “plain meaning rule”?

I recently read about the plain meaning rule that seems to be a principle in the application of English laws. I would like to know whether a similar principle is either codified or known as a common ...
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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....
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1answer
98 views

I signed a second work contracts in Germany, without checking my first contract

I am working in a full-time job and I signed another part-time job for 10 hours per week with a university in Berlin. After I signed the part-time contract I found in my first contract that I have to ...
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0answers
50 views

Buying a defect mobile

Recently, I bought a used mobile with invoice from a woman (i found the mobile in internet, and in the invoice she took off the part where is her name and address). As usual, I kept all discussions ...
2
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3answers
238 views

How can I prove that my bike is mine? (Germany)

I have a bike. I got it as a gift from my (then) girlfriend. I have absolutely no papers from it. However, in the case of a later legal dispute, I may need to somehow prove it is mine, both in a ...
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3answers
3k 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 ...
2
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0answers
98 views

Tenant not vacating property(GERMANY)

-See below for German version- A tenant's fixed term rental contract has expired, yet on the first day after the expiration, when keys were supposed to be returned, the tenant has not made any ...
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1answer
81 views

Lohnsteuerbescheinigung - income tax certiicate

I currently live and work in Germany and I would like to apply for a tax return. I have asked for help on a forum (in doing the paperwork) and one person wrote to me that she can help me out for a ...
1
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1answer
79 views

General bankruptcy inquiry in Germany

A person lives in Germany and owns a business which is in debt. They are afraid they will lose their child and be sent to "debt jail". Is this a real possibility? Is there any liability protection ...
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1answer
368 views

Would Germany extradite someone for looking at blasphemous content online? Hypothetical question.

If someone watched or looked up something online that is offensive to a particular world religion, and he was in an "unfree" country and then he travelled to Germany, would Germany extradite him upon ...
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3answers
703 views

Article 116(2) Citizenship Restoration - Germany

I'm trying to determine if I might be eligible for German citizenship under Article 116(2) of the Basic Law. Article 116(2) affords restoration of citizenship for those who were stripped of it by the ...
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1answer
1k views

What's the age in which people are allowed to engage in cybersex in Germany?

As far as I understand, Germany has an age of consent of 14 or 16 depending on the context but in addition a law. On the other hand § 184 sets up a ban for "Verbreitung pornographischer Schriften". ...
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2answers
220 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 ...
3
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2answers
434 views

Why can you use the font “Helvetica” for free in LaTeX although it would otherwise be required to pay a fee?

When looking for the Helvetica font, it usually costs you a certain amount of money because it is not a free font. But when I am using the free open source software LaTeX, I can use the font wherever ...
2
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1answer
178 views

Paying Kindergarten for the kid of my wife

Currently living in Germany (Baden Württemberg) and married to a German girl having a kid. Before, my wife was not working, so the country was paying the kindergarten for her kid, but now as married, ...
2
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1answer
139 views

Does an attorney in Germany have to prosecute own relatives

In German penal law, does an attorney (Staatsanwalt) have to prosecute own relatives (parents children, siblings, etc.)? If no, by what law (I could not find any that would provide them with that ...
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0answers
59 views

Can I use my personal Photoshop subscriber license for a commercial purpose? (Germany)

I have the Individuals Creative Cloud Photo Subscription (annual subscription). I'm paying this on my own and use it mainly at home. Now I want to use Photoshop for several things in the company I'm ...
0
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1answer
132 views

How do we claim the estate of someone who died under a different name in a different country?

The father of my wife (from Germany) died in London 10 years ago, with a different name, but with the same family name (for example was born in Germany with the name Johannes Doe, and in London died ...
8
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2answers
635 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 ...
5
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1answer
239 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 ...
1
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1answer
106 views

German Rental Contract error. Can landlord back charge 18months?

Berlin Landlord made an error in the contract, and now wants all tenants to correct the error by paying sum's going back 18months. Can they? A little more detail: A friend moved into a new apartment ...
6
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4answers
9k 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 ...
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3answers
2k views

In Germany, can an Individual press charges against a Newspaper for Libel?

So I've read the following: "You cannot publish untrue information about anyone or anything that could negatively affect that person or thing's reputation on your public blog. It doesn't matter if you ...
2
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1answer
425 views

Is it against German law to oppose the existence of the state of Israel?

If in the German jurisdiction a person, without inciting violence, states in writing or in speech that they are opposed to the existence of the state of Israel and advocates that other people should ...
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2answers
407 views

Fence with no signs in Germany

Is it legal to trespass the fence (with little passage in it) with no signs, if there's no buildings behind it (for example, construction site)? Update: the picture of a passage. No signs at all, ...
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2answers
115 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 ...
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1answer
123 views

Monopoly on Internet acces

I am interested in the legal section of my current situation. If I can do something or if it is worth it. Let's start with key informations: Location: Germany Reason: ISP Problems So I am moving in ...
2
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1answer
191 views

Am I allowed to use a students license for my Bachelor Thesis at work?

I am doing a integrated degree program in Germany. As a student, I have free access for a variety of software programs. It is important that I may not use these for commercial purposes. I am now ...
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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 ...
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2answers
144 views

Book out of print - copyright?

I wrote a math book and published it with a publishing company in Germany. It went out of print after 12 years. The company still holds the rights and does not allow anybody to print or publish it. I ...
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5answers
522 views

Is it legal to give a friend money to avoid taxation in the UK?

A friend of mine owns a company in the UK. I live in Germany. He wants to transfer some money into my bank account in order to not pay as much tax when the taxation stuff is done, and afterwards, he ...
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1answer
115 views

Fine without any reminder, after not having honored contract obligations

This is a follow-up to this question: Fine and contract-renew after NOT receiving an invoice A year has passed, and the organization behaved exactly the same. They sent me a fine to pay, without ...
0
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1answer
428 views

Does entering a photo in a competition qualify as commercial usage?

I would like to know if I need to have the rights for commercial usage for a photo that I want to enter in a photo competition. Consider this scenario: I take a photo of someone (e.g. a model) and ...
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2answers
282 views

Is this a pyramid scheme? If so, how do I stop it?

A dear, yet very naive friend of mine has fallen into the hands of what I think to be a pyramid company (operating from switzerland). I've talked with this friend of mine for a while yet she is ...
1
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1answer
281 views

In Germany, is there a reward for reporting possible tax fraudsters or money launderers to the authorities?

I could well be wrong and I don't want to go into specifics here, but... Let's assume I know of a business that in reality generates a few hundred thousand euros in revenue and yet shows a P+L with ...
2
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1answer
279 views

Visa application refused in Germany

I am from Mauritius and was supposed to take employment in Germany on the 23rd January in Dusseldorf. I was told by my company, who confirmed with the foreign office, that i should not require a visa ...
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0answers
63 views

German Tax for foreigner student

If you are a foreigner (US citizen) living abroad in Germany to attend a school, what kinds of taxes are required if you are also involved in the following business: You receive your own/family money ...
8
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1answer
607 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 ...
-4
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1answer
160 views

Legal issues around digital mirrors in public transportation? [closed]

Public transportation comapany in our city has recently installed monitors in its vehicles and from time to time monitors are used as digial mirrors: digital video from the video cameras in the ...
0
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1answer
218 views

What is a 'arbeitnehmerueberlassung' German working contract?

I've been a contractor/consultant for years - I'm familiar with the issues tax authorities have across Europe with regards to consultants being considered as an employee or as a contractor but I have ...
0
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2answers
258 views

If under investigation for a minor incident, how do I answer immigration questions about my criminal history?

My friend caused a hit-and-run involving slight damage to another vehicle (allegedly and without her knowledge) and received a letter from police for investigation. She consulted a lawyer and carried ...
5
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1answer
245 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 ...
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1answer
2k views

What is the retention periods for employees data in Germany?

Being concerned by my privacy and the data held by my former employers, I am wondering how long German companies can keep data about their employees? The question is quite open on purpose, since I ...
4
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1answer
364 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 ...
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2answers
306 views

Is it illegal to bypass user agreement window?

I have a download page with many files. If a user clicks on the download button of a file, then a window with user agreements shows, and you can only download the file by pressing the I agree button, ...
1
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1answer
953 views

Does the “German Hacking law” deny the opportunity to do private penetration testing?

Would the possession of a Rubberducky Stick or an Pineapple router get you in trouble (even if you don't have evil intentions) with the new German anti-hacking law?
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3answers
97 views

Correct spelling in ToS

May I correct spelling issues in my ToS without prior notification? According to §308 (5) BGB I need a "Fingierte Erklärung" (fictitious statement) with a time limit for the user to acknowledge and I ...
5
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4answers
671 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 ...
3
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2answers
2k views

Will I have problems if I accept two job offers in two different EU countries?

I am non-European and I have never lived in France. I recently got a job offer from a company in France and I signed it. A few weeks later, I received another job offer from a company in Germany. ...
3
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3answers
356 views

Is a verbal agreement to start the hiring process (i.e., “preparing the contract”) binding?

Is a verbal agreement to start the hiring process with a German company in Germany binding by the German law? In other words, does one have to sign the contract once it is ready?

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