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.
25
The goal of the GDPR is to ensure a single market for personal data processing throughout the EU. Since all EU/EEA member states now have equivalent levels of data protection, it doesn't matter in which member state data is stored or processed. Member states cannot generally limit this single market via national laws.
Furthermore, secure processing may be ...
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 ...
13
There is actually a rather recent law in Germany which would make nonconsensual distribution of images which could damage the reputation of a person illegal: §201a StGB [de|en] "Violation of intimate privacy by taking photographs or other images".
This law says that:
whoever, without being authorised to do so, makes available to a third party a ...
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 ...
9
You are referring to article 9 of Regulation (EU) No 1169/2011 which contains:
Article 9 List of mandatory particulars
In accordance with Articles 10 to 35 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory:
(...)
(l) a nutrition declaration.
In a comment you clarify that you are talking ...
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
The German Bar Association published an article about your rights in traffic controls (Polizeikontrolle: Das sind Ihre Rechte, July 2018) and an article about your rights in identity checks (Was darf die Polizei bei einer Personenkontrolle?, June 2018).
Traffic check
You do have to
answer questions for determining your identity (see section about ...
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 ...
7
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 ...
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
See jury-nullification. I'm not a legal historian, so I can't say for sure what the laws on jury acquittals were at that time in that jurisdiction. However, when a jury has final discretion to acquit a defendant of a crime that's it: They can effectively ignore laws if they want to acquit someone. Such acquittals do not set a precedent or have any bearing ...
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. ...
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