0
0
was successfully added to your cart.

Cart

Category

German Law

German LawGerman ProbateGerman Succession & Inheritance Law

The Infamous “Community of Heirs” in German Inheritance Law – And How to Avoid it

A German testator can have more than one beneficiaries, but should never appoint more than one "heirs" German Succession Law does not know the concept of a "Personal Representative". Instead, German inheritance law applies the principle of direct accession (more on this here). That is all very nice and efficient if there is only a sole heir. Or if, in case there are several heirs, they are reasonable and on good speaking terms. If, however,…
Bernhard Schmeilzl
July 27, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

No Win No Fee Agreements are Void in Germany

Contingency fee agreements with litigation lawyers are illegal in Germany No win no fee agreements (contingency fees) between a client and lawyer are prohibited under German law. This has always been the tradition of German law (more here). The reasoning behind this rule is that German lawyers shall not undercut each other, because this would lead to poorly financed law offices providing very poor services to their clients. Also, German lawyers shall not be under the…
Bernhard Schmeilzl
July 26, 2016
German LawGerman Sports LawyersGerman Tort LawLitigation in GermanySports Law Experts Germany

You Keep Your Eyes On The Ball…

... while we'll keep ours on the law for you The German-British sport law experts of Graf & Partners specialise in drafting and negotiating sports related agreements, sponsoring and endorsement deals, sports related litigation and sports event agreements. We consult sports federations, professional sports clubs, major event sponsors and individual professional athletes from many different sports, including football (soccer), ice hockey, golf, baseball, motor sports and winter sports. Since, nowadays, sports law is essentially business…
Bernhard Schmeilzl
July 22, 2016
Civil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawGerman Tort LawLitigation in Germany

Expert Reports on German Law

As a full service German and English law firm, established in 2003, and the editors of the expert blog on German civil procedure rules we are often asked to provide English Law Firms with an expert report based on issues of German Law. Bernhard Schmeilzl, a bilingual Lawyer who qualified in 2001 (admitted to the Munich Bar) and is able to provide expert reports to be used in English litigation and arbitration cases based on…
Bernhard Schmeilzl
June 2, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

German Law of Torts: Are Accident Victims entitled to a New House?

Can a disabled injured person claim for the predicted cost of accommodation or only the actual costs after they have been incurred? Under German law, a person who is impaired by an accident is entitled to adequate housing. The extent and amount necessary for adequate housing depends on what an impaired person would reasonably require. This can be determined by an expert, who will be appointed by a German court. However, a difficult and strongly…
Bernhard Schmeilzl
May 31, 2016
Business in GermanyGerman Law

Why are German Contracts so short?

To the eyes of an English or a US contract lawyer, agreements drafted under German law appear shockingly short. This is not due to German contract lawyers being more lazy than their Anglo-American colleagues. Instead, the reason is the concept of Codification. Virtually all legal principles of German private and commercial law are laid down in statute books, most importantly the German Civil Code (Bürgerliches Gesetzbuch, BGB), the Commercial Code (Handelsgesetzbuch, HGB), the Code on…
Bernhard Schmeilzl
May 12, 2016
German LawGerman ProbateGerman Succession & Inheritance Law

Most Germans die without a Will

German Intestacy Rules Explained The German rules about what happens when a person dies without having made a valid will (intestacy), are set out in section 1923 to 1936 German Civil Code (Bürgerliches Gesetzbuch, an English translation being available here. Intestate succession affects many families because roughly two out of three Germans die without having a valid Will in place. German intestacy rules are very different from those in Common Law countries. Children of the…
Bernhard Schmeilzl
May 9, 2016
German LawGerman Tort LawGoing to court

Standard of Proof in German Civil Litigation

Is the Standard of Proof any different under German Law than English Law? The standard of proof in German civil litigation is defined in section 286 German Civil Procedure Rules (Zivilprozessordnung): Section 286: Evaluation of evidence at the court’s discretion and conviction (1) The court is to decide, at its discretion and conviction, and taking account of the entire content of the hearings and the results obtained by evidence being taken, if any, whether an allegation…
Bernhard Schmeilzl
April 19, 2016
Civil actionGerman LawGerman Tort LawGoing to court

Does German Law of Torts know the Egg Shell Skull Rule?

Under English law of torts, a claimant is entitled to pursue a claim for injuries that have been sustained as a result of the negligence, even if their response to the damage they suffered was unusual or not predictable (e.g. due to brittle bone disease, haemophilia or a nervous disease of the injured person). This principle is known as the “egg shell skull” rule and means that the wrongdoer takes the claimant in the position they…
Bernhard Schmeilzl
April 19, 2016
Business in GermanyGerman Labor LawGerman Law

Notices of Termination under German Law

How to fire an Employee in Germany Under German Law, the requirements, both in relation to the form as well as length of the notice period needed in order to terminate a contract for the performance of a continuing obligation (Dauerschuldvertrag), can vary significantly, depending on the type of contract that is in question. Employment contracts (Arbeitsverträge), Service Contracts (Dienstverträge) and Contracts for the production of a piece of work (Werkverträge) can be terminated without…
Bernhard Schmeilzl
March 21, 2016