36
votes
Accepted
What law governs shopping carts?
Normal property law
When Aldi came to australia, they introduced their coin-in-the-slot model. The previous norm was that the trolleys were just available and people returned them. Some other chains ...
- 209k
35
votes
Accepted
From what age may children walk home alone from an activity/sport in Germany?
germany
Ah, okay, there isn't any easy answer/number/table for this.
In general, the "Aufsichtspflicht" results from Bürgerliches Gesetzbuch (BGB)
§ 1631 Inhalt und Grenzen der Personensorge....
- 7,405
35
votes
Is it illegal to pick up items with deposit [Pfand] on the street in Germany?
Those bottles were quite certainly abandoned by their owner with the intention that someone else picks them up, returns them to the store and pockets the money for their effort. Thus, you are free to ...
- 1,436
34
votes
Is it illegal to take pictures of the police in public in Germany?
No, but...
It is not an offense to photograph people, especially if they are just caught at the edge or out of the center of the photography. However you do not have a right to photograph people ...
- 39.4k
32
votes
Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades?
No
What it means is that no German can be forced by the government into a job, education or place of work. So for example, the Government cannot come and say "we are short on railroad workers, ...
- 7,405
31
votes
Repercussions from hitting protesters blocking highways
In the US, you can't intentionally run over someone, even if they are in the road. This is outside of traffic law and is a criminal offense - you aren't allowed to injure other people just because ...
- 6,998
29
votes
Is it illegal to voluntarily work longer than the law allows?
No, your employer has to actively stop you from this in germany
The Arbeitszeitgeseztz is very clear in regards to maximum permittable time per day: 8 hours of work time on at most 6 days a week (...
- 39.4k
29
votes
Tenant's permitted use of rented parking space
What does your contract say?
If it identifies the space as a parking space, then it is not a storeroom, and the landlord would be within their rights not to allow you to treat it as one, irrespective ...
- 209k
28
votes
What is the idea behind German courts having both professional judges and lay judges?
Lay Judges?
The lay judges in Germany are called Schöffen. I will refer to them as such in the following because just calling them lay judges as a German feels kind of wrong, as they carry the full ...
- 39.4k
25
votes
Accepted
Tenant's permitted use of rented parking space
My understanding of the notice is that I am not permitted to do this. Why?
Because the "Garagenverordnung" (Link) of most federal states and other regulations say so. Your landlord is ...
- 7,405
21
votes
Legality of stealing news
Facts are not copyrightable united-states
Facts are not copyrightable since at least Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991).
IF you take only the facts and not ...
- 39.4k
18
votes
Accepted
Can a founder of a non-profit company in Germany (gGmbH) receive a salary?
The crucial phrase is "in ihrer Eigenschaft als Mitglieder". This restricts the prohibition on receiving benefits from the gGmbH to benefits you'd receive because you are a partner. It is ...
- 1,436
18
votes
Accepted
Treatment of lying/exaggerating witnesses
TV has lied to you about criminal trials
There is no secret evidence or sudden "gotcha" moment
new-south-wales
How a criminal trial is to be conducted is spelled out in the appropriately ...
- 209k
16
votes
Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades?
I don't think it can be interpreted that way, particularly due to the second sentence in your quote: The practice of an occupation or profession may be regulated by a law. And such laws (or at least ...
- 5,623
16
votes
Couldn't the landlord just say the Thermometer doesn't work when confronted with the temperature being too low?
germany
This may seem familiar, I have quoted it before:
Quoting § 535 BGB:
§ 535 Inhalt und Hauptpflichten des Mietvertrags
(1) Durch den Mietvertrag wird der Vermieter verpflichtet, dem Mieter den ...
- 7,405
14
votes
Is it illegal to voluntarily work longer than the law allows?
This question can be answered for germany by looking into the Arbeitszeitgesetz. All the clauses mentioned in this answer represent clauses from this law.
Can Bob legally work 40hours in 2 days and ...
- 7,336
14
votes
Is it illegal to pick up items with deposit [Pfand] on the street in Germany?
Germany has mandatory deposits (Pfand) on many beverage containers (both reusable and non-reusable containers), in order to encourage the use of reusable containers and to discourage littering. The ...
- 17.6k
14
votes
What legal rights does a German landlord have over you if you stop paying rent?
Reduction of Rent needs to be accepted
To have the right to pay less rent, you need to
properly disclose the problem to the landlord timely and in writing. Only in emergencies (e.g. water main or ...
- 39.4k
13
votes
Treatment of lying/exaggerating witnesses
united-states
D's attorney will need to disclose the video, since it's clear they will offer it as evidence. It is possible your jurisdiction might treat this as rebuttal evidence and not require ...
- 6,998
12
votes
Niederlassungserlaubnis vs Citizenship vs Passport in Germany
From the case of US, I understand that nationals are not the same as citizens.
Correct. Under US nationality law, all US citizens are US nationals, but there are some US nationals who are not US ...
- 37.2k
10
votes
Burden of Proof for Reprinting a Book
Short answer:
§§ 64 ff. UrhG is not a defense (Einwendung) but an integral/constitutional component of copyright.
Accordingly the party favoring the fact that a work is (still) copyrighted has the ...
- 1,685
10
votes
Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?
tl;dr:
There is a long legal tradition that the prohibition on being punished a second time really means that a suspect cannot (generally) be put on trial for a second time, no matter whether the ...
- 8,095
10
votes
Would vehicle insurance be valid if someone else, other than the person whose name the insurance is under, drives it?
United Kingdom
Only the drivers named on the insurance policy are covered to drive the vehicle. For example, when I was learning to drive in my father's car, he arranged with the insurance company to ...
- 2,560
9
votes
Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades?
Hell no!
The article you quote bans the government from banning a group of people from trying to achieve certain jobs. It was a direct answer to the Nuremberg Laws that the Nazis enacted to ban people ...
- 39.4k
9
votes
From what age may children walk home alone from an activity/sport in Germany?
This is a question of Aufsichtspflicht (duty to supervise). Minors have to be supervised, as appropriate for the individual circumstances and the child's maturity. There is an expectation that ...
- 23.9k
9
votes
From what age may children walk home alone from an activity/sport in Germany?
australia
This is a matter of state law:
queensland A person who, having the lawful care or charge of a child under 12 years, leaves the child for an unreasonable time without making reasonable ...
- 209k
9
votes
Repercussions from hitting protesters blocking highways
It is illegal to be a pedestrian on the Autobahn
The Road Code "Straßenverkehrsordnung" StVO dictates where you may walk as a pedestrian in §25:
You have to use a pedestrian way.
You are ...
- 39.4k
8
votes
Repercussions from hitting protesters blocking highways
germany
The German Straßenverkehrsordnung (StVO) — the federal Road Traffic Regulations — very intentionally starts with the following paragraph 1:
(1) Die Teilnahme am Straßenverkehr erfordert ...
- 5,370
7
votes
From what age may children walk home alone from an activity/sport in Germany?
For your question:
If a 10-year-old child says that their parents "said they could go home alone", can I reasonably stop them?
I would consider two scenarios. First, assume you are the ...
- 3,466
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