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All Posts By

Bernhard Schmeilzl

Business in GermanyConveyancing GermanyGerman Law

What is an Ausfertigung of a German Notary’s Deed?

Certification and Legalisation of Documents in Germany German law requires important agreements and declarations to be recorded by a Notary (details here). Parties are sometimes confused or even annoyed that they do not receive the original signed document or even a certified copy of the signed deed, but "only" a so called Ausfertigung. According to the Beurkundungsgesetz (German Act on Notarial Deeds) the signed original (Urschrift) remains with the notary (section 45 I BeurkG). The…
Bernhard Schmeilzl
April 21, 2015
German LawGerman Tort LawGoing to courtLitigation in Germany

If you are bitten by a Dog in Germany …

Tort claims based on animal attacks in Germany Animals are unpredictable. Even well-tempered dogs can snap out of the blue. Under German law, the owner (more precisely the keeper, but in most cases owner and keeper are the same person) is legally responsible and financially liable for any damage his/her dog causes (see Section 833 German Civil Code), even if the keeper has done nothing wrong and the animal has never before attacked someone. Therefore,…
Bernhard Schmeilzl
April 21, 2015
Debt collectionGerman Law

For how long can a Creditor demand Repayment of a Loan under German Law?

How does German law treat loan agreements that state no specific repayment date? Germans have the saying "Bei Geld hört die Freundschaft auf" which loosely translates as "it's better not to mix friendship and money matters". Friends or relatives do borrow money though. What often causes problems is that the parties feel uncomfortable about creating a formal, written agreement. The approach tends to be: "We are good friends and trust each other, therefore we do…
Bernhard Schmeilzl
April 8, 2015
Business in GermanyGerman Law

Graf & Partners LLP at Munich Expat Fair on 22 March 2015

Get Connected. Be Inspired. You’re Invited! That is the motto for the Expat in the City Fair that takes place on 22nd of March at the Alte Kongresshalle in Munich. It will be a one-day experience with information and inspiration for all internationals living in Munich. The people and businesses at the fair, that includes the law firm GRAF & PARTNERS LLP and their English solicitors and German lawyers, can help you make life in…
Bernhard Schmeilzl
March 10, 2015
German ProbateGerman Succession & Inheritance Law

What is called a Cousin in English may be called a Nephew in German

"False Friends" in Anglo-German Kinship Terminology This sometimes creates confusion in British-German inheritance cases. Especially when there exists a German Certificate of Inheritance which lists nieces or nephews as beneficiaries. Because these persons would (in most cases) be called cousins in English, which can lead to queries by the English probate commissioner, because he / she will assume that the probate application has been filled out incorrectly. So, to avoid confusion, one should explain to…
Bernhard Schmeilzl
February 6, 2015
Uncategorized

Enforcing Foreign Judgments in the UK in Proceedings commenced on or after 10 January 2015

Procedure under the Recast Brussels Regulation The enforcement provisions in the Recast Brussels Regulation will apply to the enforcement in England and Wales of judgments from other EU member states in proceedings instituted on or after 10 January 2015. One of the most important changes made on that date by the Recast Brussels Regulation was the abolition of exequatur, or the declaration of enforceability, which had to be obtained in the enforcing state under the…
Bernhard Schmeilzl
February 4, 2015
Criminal Law

Arrested for Cannabis Possession in Germany?

Criminal Prosecution for Drug Violations in Germany In principle in Germany, the possession of even the smallest amount of illegal drugs is a criminal offence and will be prosecuted. In practice, however, German police and prosecutors use a pragmatic approach: for Cannabis (Marijuana) there is an unofficial threshold of (depending on where you were caught) anywhere between 5 grams (in very strict and conservative German states like Bavaria) and 10 grams (in more permissive states…
Bernhard Schmeilzl
February 4, 2015
Uncategorized

German Wills: Does the Writing need to be in Capitals or can it be joined up?

Compared to English Wills a German style Will is shockingly short (see here) and it is either hand written by the testator him-/herself or recorded before a German notary (details see here). We are often asked whether the writing needs to be in capitals or whether it can be joined up.The answer is: The German will should be in the natural handwriting of the testator. The whole point of the holographic will is to prove…
Bernhard Schmeilzl
February 2, 2015
Family Law

How to Divorce a German (and where)

Reliable Expert Information on British-German Family Law from International Divorce Lawyers When a British-German or a US-German marriage starts to go south, the smart thing for each spouse to do is to get professional advice early on regarding what the differences would be if the divorce proceedings were carried out in England as compared to the divorce taking place in Germany. Which country's courts have jurisdiction over an international divorce is rather complicated and sometimes…
Bernhard Schmeilzl
January 30, 2015
German LawGerman ProbateGerman Succession & Inheritance Law

Prove German Wills for English Probate

Are German wills recognised in Britain? To an English lawyer, a German style will is shockingly short and informal. Typical wording in a German will would be: "Testament: I appoint as my sole heir my dear son Franz Meyer. Munich, 24 December 2000, Fritz Meyer" Even the following text would satisfy the German Probate court that it constitutes a fully valid German will: "My Wife gets everything. Hans Muller" Yes, this is a valid German…
Bernhard Schmeilzl
January 23, 2015