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The Experts on Anglo-German Law

CrossChannelLawyers.co.uk, its German language counterpart Cross-Channel-Lawyers.de, and InternationalProbateLaw.com are law blogs (blawgs) dealing with Anglo-German legal issues. A network of international lawyers who are experienced in cross border legal problems and who give practical and reliable advice. The law blogs are run by the lawyers of Graf & Partners, a firm of German lawyers (Rechtsanwälte) with many years of professional experience in cross border legal proceedings, who provide legal advice in a comprehensive, understandable and user-oriented manner. Our experienced team of German litigation lawyers provides forensic services all across Germany and runs the expert litigation law blog German Civil Procedure. Graf & Partners, with its international expertise, is well equipped to advise and represent clients from the USA, the United Kingdom and other English speaking countries. Visit us also on YouTube.

+49 (0) 941 – 463 70 70
mail@grafpartner.com
Property Lease

Tenants beware of Waiver Clauses in German Property Lease Agreements

Renting a House or Flat in Germany? Do not sign a "Kündigungsverzicht" Clause The basic rule under German law is that tenants have the right to terminate an open-ended lease agreement by giving 3 months notice (see s. 573c German Civil Code in the chapter “property leases for an indefinite period” ). In contrast to the UK, such open-ended lease agreements are standard in Germany. However, a tenant can waive this right by signing it…
Bernhard Schmeilzl
February 26, 2016
Business in GermanyGerman LawGoing to courtStarting Business

Using a German Distributor? Beware of Choice of Law Clause!

What UK Suppliers should know about German Commercial Law You are a UK based supplier using a German-based distribution agent (Handelsvertreter) within Germany? So far, so good. However, in case you have accepted German law to be applicable or if you have chosen to remain silent on the issue of applicable law: Are you aware of what will happen upon termination of the distribution agreement? German law differs significantly from UK law when it comes…
Bernhard Schmeilzl
February 4, 2016
German Law

Apartment Prices in Germany: How to get a quick Overview

Need to rent a flat in Germany? Most expats or students coming to Germany will not buy property but instead lease an apartment. There is good news for potential tenants in Germany: Once you have secured a lease agreement, it is almost impossible for the landlord to kick you out again, due to "Mieterschutz" laws, which protect residential tenants against termination of the lease agreements (more on this here). Also, in 2015, the German Civil…
Bernhard Schmeilzl
January 26, 2016
German ProbateGerman Succession & Inheritance Law

What does a genuine German Certificate of Inheritance look like?

Beware of internet and email scams informing you about an inheritance you have made. If it sounds too good to be true - it is! Every day, thousands of people receive emails from criminals who attempt to defraud them by using the inheritance scam. As a law firm dealing with international probate matters, we receive at least one enquiry per day whether a notification about an inheritance is real or fake. Sometimes, unfortunately, the clients…
Bernhard Schmeilzl
January 19, 2016
Civil actionGoing to court

German Litigation Experts explain Civil Procedure Rules

How to win civil lawsuits in Germany Court procedures in Germany follow very different rules compared to Britain and the USA. There is, for instance, no pre-action protocol, no pre-trial discovery, no need for written witness statements, no direct examination of witnesses by the lawyers and - of course - no jury. Instead, there is a very extensive exchange of written statements to the court, followed by an -- in most cases comparatively brief --…
Bernhard Schmeilzl
December 23, 2015
Civil actionGoing to court

High Court orders Kentaro Managers Grothe and Huber to pay EUR 1m

Update 2016: High Court Munich has ordered Grothe and Huber to pay an additional 1 million Euro Original post from October 2015: In a 2009 press release, Kentaro described themselves: "As one of the world’s leading sports rights agencies, Kentaro markets the media rights of more than 20 international football federations, including England, Sweden and the USA, as well as over 30 top European soccer clubs, such as Chelsea, Arsenal and Liverpool." (Kentaro_Press_Release_2009) Well, the…
Bernhard Schmeilzl
October 26, 2015
German ProbateGerman Succession & Inheritance LawGerman Tax Law

Don’t be afraid of Clients with Foreign Assets!

Crash Course for UK Inheritance Lawyers: Will Preparation for International Families and Expats. Obtaining Foreign Probate Solicitors working in the field Wills & Probate, sooner rather than later, are faced with clients who own foreign assets, are married to non-British spouses or are sent abroad as expats by their employers. These international clients, in most circumstances, will rely on their Will to also cover their non-UK assets and to function in foreign jurisdictions, i.e. the…
Bernhard Schmeilzl
October 20, 2015
German Corporate Law

What is an “eingetragener Verein” (e.V.) under German Law

Ho to establish a German Non-Profit Organisation Most businesses in Germany are organised either as corporations (GmbH or AG) or as partnerships (GBR, OHG, KG, PartG), for an overview see here. Sometimes, however, one comes across organisations which have the letters "e.V." after their name. This stands for "eingetragener Verein" meaning "registered association". An e.V. under German law is a Körperschaft (corporation), which is defined as being a legal entity which is separate from its…
Bernhard Schmeilzl
October 13, 2015
German ProbateGerman Succession & Inheritance LawGerman Tax Law

International Wills and Estate Planning for British-German Families

... and the big misunderstanding regarding the "choice of inheritance (tax) law" Drafting a Will is no easy matter. It gets even more complicated if you are a mixed-nationality family, if you have assets in more than one country or if you have more than one residence. This posting explains the basic rules of estate planning for British-German spouses or families. With international inheritance cases and estate planning one must always strictly distinguish between two…
Bernhard Schmeilzl
July 24, 2015
Family LawGerman Succession & Inheritance Law

Living Will and Enduring Power of Attorney under German Law

How to set up Advance Directives for Medical Treatment under German law In Germany, it is rather common to set up a Power of Attorney (Vorsorgevollmacht) and/or a Living Will (Patientenverfügung). The formal requirements for both are quite simple. Whereas a Last Will (Testament) must either be written in the testators own hand or must be recorded in the presence of a German notary (details here), both an Enduring Power of Attorney as well as…
Bernhard Schmeilzl
July 23, 2015
Family Law

Challenging Paternity in Germany and the UK: Very Different Procedures

Am I really the father? How can I find out? Paternity tests under German law Imagine you get to know a woman at the birthday party of your best friend; it is love at first sight. A whirlwind romance begins and you decide to get married. Then your wife gives you the happy news that a child is under way.  After your child is born, your sweet little baby looks like the spitting image of…
Bernhard Schmeilzl
July 10, 2015
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
Debt collection

How Assets are distributed to Creditors through Corporate Insolvency

General principles of asset distribution in insolvency (UK) By definition, an insolvent company does not have sufficient assets to pay in full all the liabilities that it owes to its creditors. Accordingly, one of the primary functions of both administration and liquidation of a company is to realise the assets of the insolvent company and to distribute those case realisations made from those assets among the insolvent company's creditors. The Insolvency Act 1986 and Insolvency…
Elissa Jelowicki
February 25, 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