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All Posts By

Bernhard Schmeilzl

Civil actionGoing to courtLitigation in Germany

Graf Legal – The German Litigation Lawyers

We specialise in German commercial litigation since 2003 When German civil litigation expert Bernhard Schmeilzl co-founded Graf Legal LLP back in 2003, the goal was to provide top notch German legal advice for British and US-American clients, with a clear focus on high stakes civil litigation cases. And this is exactly what the Bavaria based boutique litigation firm has done ever since. Every day, we explain German law and especially German civil procedure rules to…
Bernhard Schmeilzl
September 27, 2021
Business in GermanyCivil actionLitigation in Germany

How to Win Commercial Lawsuits in Germany…

... is something we explain to our UK and US clients for more than 20 years now. Our German commercial litigation boutique specialises in advising and representing British and American businesses in civil and commercial courts throughout Germany. More on the German court system here.  In a German courtroom, pretty much everything is different! If you are a British or American litigator dealing with a German civil lawsuit: Forget everything you think you know about…
Bernhard Schmeilzl
September 15, 2021
Civil actionDebt collectionGerman LawGoing to courtLitigation in Germany

Litigation in Germany is Different — CPR Explained

Typical Misconceptions about Civil Litigation in Germany Since Brexit, less German companies are willing to accept English law to govern their business relationships with UK trading partners. As a consequence, if things go sour between the parties, UK businesses may find themselves in a German legal dispute. German Civil Procedure Rules permit immediate Court Action In this situation, many British company directors and their solicitors make the same mistake: They assume that a German civil…
Bernhard Schmeilzl
July 22, 2021
Business in GermanyGerman LawGerman ProbateLitigation in Germany

German Desk at London Law Firm

Experts in Anglo-German Law The German law office Graf & Partners provides legal advice on German civil and commercial law matters for English speaking clients since 2003. The Bavaria based lawyer team around co-founder and managing partner Bernhard Schmeilzl specialises in German-British civil litigation, commercial and corporate law, international probate cases and estate planning. German Civil Litigation Experts With more than 20 years of courtroom experience under his belt, Bernhard is a renowned German civil…
Bernhard Schmeilzl
July 9, 2021
Civil actionGerman Corporate LawGoing to courtLitigation in Germany

German Litigation Boutique Graf & Partners fends off EUR 26.5m Claim by UK Manufacturer

German Lawyers Settle 7-Year International Dispute for their German Client For seven years, from 2014 to 2021, a British manufacturing company based in Wales, and a south German constructor of energy plants fought an all out legal battle about whether the wood fired plant designed and built by the Germans in 2013 in Wales, was performing according to the contractual specifications. The UK claimant, a subsidiary of an international group with 14,000 employees, did not…
Bernhard Schmeilzl
May 17, 2021
European ProbateGerman ProbateGerman Succession & Inheritance LawGoing to court

How to Dissolve a German Community of Heirs

What to do if co-heirs in Germany cannot agree on how to distribute the estate Under German law, as well as in most other EU jurisdictions, there is no personal representative (executor or administratror) who takes possession of and deals with the estate. Instead, the "heir" (Erbe) is the immediate and direct successor of the deceased. This principle of automatic and direct succession is called "unmittelbare Gesamtrechtsnachfolge". This is all swell if there is only…
Bernhard Schmeilzl
April 13, 2021
German LawGerman Real Estate LawGerman Tort Law

German Civil Law Explained

New Article-by-Article Commentary of the German Civil Code English speaking lawyers who deal with German civil law issues on a regular basis can turn to a helpful new resource: The German publishing houses Beck and Nomos have teamed up for this project and have just released a 2,300 page article by article commentary of the first three parts of the German Civil Code (Bürgerliches Gesetzbuch): Book 1: General Part Book 2: Law of Obligations (including…
Bernhard Schmeilzl
January 15, 2021
Civil actionGerman Corporate LawGerman LawGerman Tort Law

Research on German Law

German Law in English Language Obviously, German legal research is easier if you are able to read German. English-language resources are available, but mostly limited to general introductions or very specific special interest topics a German legal scholar has published about in English language. Still, if you are an English speaking lawyer or legal scholar interested in German law in English language, here are some sources you may find helpful: (1) Harvard Law School Library…
Bernhard Schmeilzl
December 30, 2020
Family Law

Experts on German-English Family Law

Specialists for International Pre-Nuptials, Marriage Agreements and British-German Divorces German lawyer Bernhard Schmeilzl is the author of the country report (Länderbericht) on Family Law of England & Wales contained in the German Family Law textbook and legal commentary published by NOMOS, available online here. Ever since 2000, Bernhard Schmeilzl specialises in British-German legal matters, from estate planning, to business litigation and cross-border family law matters. International Family Law Experts in London and Munich In alliance…
Bernhard Schmeilzl
December 23, 2020
German LawGerman ProbateGerman Succession & Inheritance LawLitigation in Germany

The German Elective Share

Children and surviving Spouse cannot be entirely disinherited under German Law Germany, like many other European countries (e.g. France, Spain, Austria etc), has mandatory succession laws to stop a person from leaving their spouse and/or their children penniless. These "forced heirship" laws in most European countries reflect public policy that a testator shall not be allowed to leave these close family members (spouse and offspring) destitute by making little or no provision for them in…
Bernhard Schmeilzl
December 23, 2020