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37

In most jurisdictions, practicing law without a bar license is a serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer. Lawyers also use this disclaimer to avoid any 'constructive implication' of attorney-client relationship.


27

This is not legal advice. If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court. If I don't say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.


24

The laws you are looking for are §§144 ff Abgabeordnung (AO) and are for those who are required by law (earnings greater € 500000) to retain their bank statements and wish to do so in an electronic form (§146a AO). So when needed as proof for the tax office, this unchangeable PDF format is needed. The law does not forbid the bank to also give out the bank ...


16

What most of your quotes are based on is this general consensus reached by the federal and state governments on how to proceed. The actually legal implementation happens on the state level in form of decrees. Therefore, the quoted texts are not to be taken as legal text, but human-readable¹. In particular they are not to be taken painstakingly literal, but ...


11

Section 103 of the German criminal code states: (1) Whosoever insults a foreign head of state, or, with respect to his position, a member of a foreign government who is in Germany in his official capacity, or a head of a foreign diplomatic mission who is accredited in the Federal territory shall be liable to imprisonment not exceeding three years ...


11

Murder is one of the few cases where the intention and not just the act is relevant. The act – killing a person – is the same for Mord and Totschlag, whereas fahrlässige Tötung covers acts that have caused the death of a person. The language of the Stgb labels the perpetrator who killed someone as a murderer or manslaughterer depending on their intention. ...


10

Once your rental contract starts, your landlord must give you access to the rented flat. If he doesn't do so he is in breach of contract. You could sue him, but that would be a bad start for a longer term contractual agreement. It might be less time and effort to look for a new flat. And do you really want to be in a long term contract with someone who ...


10

The first line is “who kills a person”. That is clearly doing something. And the last three lines describe the motivation, not what you are. That’s very similar to “first degree” and “second degree” murder in the USA although the exact criteria are different - “planning” is not part of the German definition although any German murder is likely planned. ...


9

According to German law (Jugendschutzgesetz), §9: Minors 14 years of age and older may drink undistilled alcoholic beverages, such as wine and beer, when accompanied by a Custodial Person, Minors 16 years of age and older may drink undistilled alcoholic beverages, such as wine and beer, without accompaniment, and Adults (18 and older) may drink distilled ...


9

Trials in German criminal cases are generally open to the public (subject to exceptions similar to those in the U.S.) and there is a presumption of innocence until proof beyond a reasonable doubt establishes otherwise in its criminal justice system. The authority for this and the history of this are explored below. In a criminal case in Germany, according ...


8

All residents in Germany need to have a registered address. The reasons for that are numerous: no need for a separate voting registration, it gives a place to deliver legal notices, it helps enforcing tax regulation (though tax law has another definition of "residence"), certain taxes are assigned to the municipality where you are registered, no need to do ...


8

Some states in the United States have laws specifically about selling theses (etc.) For example, see Pennsylvania Code Title 18 - CRIMES AND OFFENSES Chapter 73 - Trade and Commerce 7324 - Unlawful sale of dissertations, theses and term papers: No person shall sell or offer for distribution any dissertation, thesis, term paper, essay, report or ...


8

If you're talking with a friend, a disclaimer like this should not be necessary, as they know you're not a lawyer, and you're just expressing lay opinion, personal anecdotes, etc. But if you're in a context where the audience doesn't know who you are, there's a possibility that they might assume you're qualified to dispense legal advice. For instance, this ...


7

In German Law you need to give your agreement ("Willenserklärung") to a contract or in this case terms of service. This is done by telling the other part. In some cases this can also be implied by an action (example: putting your bottle of beer onto the cashiers table is an offer to buy this bottle). As a second criteria a "Willenserklärung" needs to be the ...


7

German asylum law is codified in the "Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet" (English translation: "Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory Residence Act"), or short AufenthG. The paragraphs in this answer all apply to this law unless noted ...


7

It can (and has) been argued that some of the post-bellum trials of Germans and Japanese (but no Italians because they were Allies now) proceeded on shaky legal grounds. However, the arguments of your friend are wrong. In addition, many of the cases proceeded on solid legal foundations based on war crimes (e.g. the Commando Order) and treatment of prisoners-...


7

This appears to be a fairly straightforward construction. Section 9(2) and 18b share a number of requirements, so 18b points back instead of repeating them. But not all requirements are shared. In particular, requirement 3 (covering pensions) does not apply to newly-graduated students. That's not strange since students are not paid wages. Also, they're not ...


7

The Law The relevant sections of the German Civil Code (BGB) for posession and protection of posession of movable things (not land) are (semi-official translation): Section 858 Unlawful interference with possession (1) A person who, against the will of the possessor, deprives the possessor of possession or interferes with the possessor’s possession ...


6

I understand that you are wondering why illegal immigrants are not more often deported by the authorities. This answer has grown a bit out of proportion because I also try to explore the general refugee situation. That seems appropriate because the large number of migrants makes the question of deportation more pressing. We would not be very concerned about ...


6

§177 "Sexueller Übergriff; sexuelle Nötigung; Vergewaltigung" was recently changed. It now includes: (2) 3. der Täter ein Überraschungsmoment ausnutzt, this loosely translates to: "[in case] the perpetrator exploits a moment of surprise" Suddenly Chuck makes Bob a compliment and gropes Bob’s crotch. From your example it's clear that Chuck did ...


6

General case - legal or not? It is hard to prove a negative - however, as far as I can see: It is not illegal to state your opinion that the existence of the state of Israel is unjustified, or that the state should be dissolved. Such a position would be considered outrageous by most Germans, in particular it is against the stated position of pretty much ...


6

This is actually required by german Law. Specifically § 623 BGB says: Die Beendigung von Arbeitsverhältnissen durch Kündigung oder Auflösungsvertrag bedürfen zu ihrer Wirksamkeit der Schriftform; die elektronische Form ist ausgeschlossen. Translation by me: Resignations and ending-contracts to end an employment are only valid in written form; an ...


6

Unless you were operating under a non-disclosure agreement he (and you) can use any information that he learned unless it violates IP law. It sound like what you told him is generic (if expert) views on high-level approaches to software design. That is, you didn't give him slabs of code that you own the copyright for or disclose trade secrets that you own. ...


6

What §670 BGB basically says is that the default is that companies have to reimburse you for expenses that you incurred for interviewing with them. If they don't want to reimburse you, they have to tell you so in writing before you incur any costs. That way it's your decision if you still want to go if you have to pay for expenses yourself. It does not mean ...


6

You do have freedom of conscience but you do not have a blanket right to refuse work you were ordered to perform. You have to perform work you were ordered to perform. If you refuse, you can get an Abmahnung (disciplinary letter). A second Abmahmung would be grounds for firing. The Abmahnung is invalid if the work you refused would have been unreasonable – ...


6

Pay them When negotiating it is useful to think of your BATNA - Best Alternative To a Negotiated Agreement. Your BATNA is to follow the appropriate legal process to evict them which will cost what it costs and take the time that it takes. You also need to think of their BATNA which appears to be that they get use of the property rent free until evicted - ...


6

7:45 PM (10 hours work, 45 minutes break) for the maximum allowed workday that starts a 9 AM. In this sense working hours means the actual time you are working (and being paid for) so a break does not belong to the working hours the working hours are being interrupted by the break A break must take place after a period of 6 hours. Insurance coverage ...


5

I think you are misinterpreting what the article is saying. It's not Germany as a whole that is banning managers contacting employees (and since you are not a manager, this wouldn't affect you anyway), it is the German ministry of Employment banning it for its employees. When it comes to your own workplace, you will need to look at your own contract and see ...


5

In Germany, you must not drive faster than reasonable under the circumstances. Since there is a sign covered by snow, that should keep your speed low. Since there is also a speed limit sign and you don't know what the speed limit is, that should also keep your speed considerably low to be on the safe side. I'd recommend that you make a judgement call what ...


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