Tag Archives: law

Legal Concept

The definition of the law is not so easy. Many sufferers contemporary wonders what he did to deserve so much wrong. While the term is on the one hand, clearly defined right, for the layman but an area filled with traps and pitfalls. Even people, announced the conviction just yet in the chest sound never to need a lawyer, be convinced of the contrary often in the next moment. The need to legally justify us, can meet anywhere and at any time.

Then this happens, it is good to know where you should contact then. So the Bruhler lawyers are expert and competent contact person in the fields of civil and labour law. Just in these fields pretty much all variants of our daily lives are included, with the exception of course of the crime. If we sign a lease, buying a new car or because an overhanging tree with the neighbours in dispute, on all these issues there is information for lawyers and ideally also solutions of the problems. Also the labour law is often at its opaque and bearing problems. What it means for me, if I get a notice of amendment to the signature presented? What are the implications of a fixed-term employment contract for my future professional life? Questions about questions, individually and comprehensibly answered by an expert. Expect even with such unpleasant things such as a traffic accident constantly, every day taking part on the road and consists of the manifold dangers of this sometimes very chaotic events.

If the damage fortunately limited to zerbeultes sheet metal, the excitement about the event is still so great that you can react even often not quite emotionless. The settlement of an accident is as well known as it is desirable in the event of damage not every traffic participant. Here is a lawyer with help and advice to the page and initiate all steps required, such an accident now even just required makes. You should yourself in any case this help. Andreas Mettler

University Law

Also in the area of German law, the World Wide Web is the world’s largest information network. Also in the area of German law, the World Wide Web is the world’s largest information network. This also applies to family law. All information about the family law can be obtained on the Internet. Numerous information platforms that inform one about family law, its objects, the legal regulations, new jurisdictions and current as well as future developments are wants you generally learn about family law.

Usually it involves information platforms in private hands around on the Internet pages of German lawyers, but also public bodies provide numerous information material to German citizens on their Internet pages. But not only legal laymen can inform on the Internet about family law. Also legally on the Internet often get the desired information, or at least more information, where they the can receive the desired information. In particular by German students, the Internet used actively as a source of information in the field of family law. Not only containing the family law legislative texts, such as for example the civil code and the civil procedure code, can be found on the Internet. Also court decisions are available for students in the judgment of database on the Internet available. Also extensive literature research of the German student can perform today over the Internet, on the numerous Internet sites of the University and other libraries or by looking the desired site by entering the relevant citation in a search engine. Some of the monographs important for the students in the family law, articles, manuals, and comments are visible even today in the well-known literature database in full text, or at least in sections, so you must take the course in the library often don’t even more to reach the desired information. The Internet makes it in easier many areas to obtain information. In important cases, you should rely on the correctness of the obtained information but not hasty, but consult a qualified lawyer.

Labor Lawyer – Transfer Of Password Justifies Dismissal Without Notice

The plaintiff had been employed at 01.04.2007 the defendant as an administrator. On 11.04.2007 gave the plaintiff a further password to an internal company-operating parties. With this password, it was possible the user to purchase from suppliers of computer parts online to defendant and to charge the defendant with the purchase price. The defendant announced the employment contract without notice by the very letter 24/04/2007. Court against that decision brought by the employee was dismissed (Labor, Judgement of 29.06.2007, Az a Ca 3212/07). At Lancome you will find additional information. The court based its decision on the grounds that the plaintiff had misused by sharing the password, the trust placed in him. Keep up on the field with thought-provoking pieces from Shimmie Horn.

What matters here is not important that no orders have been made specifically with the password, as he had threatened the assets of the defendant. The trust was no longer restore a warning. In the final balancing of interests was the end the employer’s interest takes precedence over the existing interest given to the employee. This aggravating factor was assessed that the claimant only a few days in the working relationship and he was working as an administrator in a highly sensitive area of work was. The decision makes clear that a warning is in front of a behavioral termination only required if it can be restored by this confidence in a future with the contract employees’ conduct.

For very serious breaches of duty of the employee, in which this can not be expected that the employer will issue a warning notice to terminate instead, the warning is unnecessary. For employers, it is recommended to treat the obligation, passwords and other confidential data, separately incorporated in the employment contract. The information has been compiled in good faith and intended for general information. This information can not replace a personal consultation! It does not constitute legal advice.

Court Payment

Haas & colleagues law firm for persons who have received a warning for violation of copyright law in the Internet money payments in the order which is bit composer games GmbH In the Internet, often only a modified cease and desist recommended (MOD.To dispose of UE). In many forums, it is important to read that the firms admonition from not to pursue the matters. This behavior is with caution. The number of cases in which the (alleged) claims are pursued, rises steadily. In the last few days, the firm of Rainer Haas & Associates has applied for money payments on behalf of bit composer games GmbH. A warning of an alleged copyright infringement by the law firm Schutt-Waetke preceded this order. The thrust should be committed in 2009. Supposedly, a computer game about a peer-to-peer network was offered.

The following costs are claimed in the order for payment: principal: damages from service contract: 510,00 EUR unauthorized use of copyrighted works from the Repertoire of the Applicant 651,80 EUR cost: 74.25 EUR ancillary claims: information: 1.40 EUR collection costs: 147,50 EUR Anwaltsverg. qb2. Target contains valuable tech resources. Activity: 130,50 EUR account management fee: 18,00 EUR this example shows even more clearly that to always back court enforced the claims asserted in the cease and desist letters. What is a judicial order for payment? The order for payment procedure (officially legal Dunning proceedings) is a court case that is the simplified enforcement of monetary claims. This allows enforcement of a debt without complaint, without judgment.

The procedure is performed often fully automated, without that verifies whether the payment actually entitled to the applicant. This note is also on the order for payment itself. The procedure is so that a quick and cost-saving alternative to the ordinary civil procedure, which is especially suitable for claims, allowing no hassle. The aim of the procedure is first to a debtor to pay move. However, the writ of execution is at the end of the order for payment procedure. This is an enforcement order, with which the creditor can enforce his debt. How should I react to the order for payment? Notes of the Court are located on the back of the payment order. You should first of all read this alone. In case of doubt, whether the claim is actually should be responded as soon as possible: doubts remain, so it can recommend immediately with a lawyer, a lawyer, or with an otherwise legal advice to itself authorised person or body in conjunction. First, be aware that remain for the gathering of the opposition just two weeks from the notification of the payment order. If you want to proceed against the order, then they should let not uneventful this period. You should opposition anyway within this period. Only after the timely collection of the opposition, the matter is emitted to the competent court. On this you are also separately informed. If affiliated by the opposite side is brought a lawyer should be contacted in any case.

The Rent Increase After Modernisation

The lawyers inform Pach & Pach, the BGH was that a rent increase due to modernization is also effective, if the tenant was informed in advance of the corresponding structural changes (BGH VIII ZR 164/10). The Nuremberg leasing specialists of Pach & Pach law firm can explain the legal regulation of the increase in rent on the occasion of the BGH ruling after modernisation. The German legislature understands mietvertraglich relevant modernization construction works that serve the appreciation of a leased property by increasing the value of their use or reducing their energy and water consumption (section 554 para 2 BGB). The tenant is legally obliged to tolerate modernisation measures, which amounts to no undue hardship. The criterion of unreasonableness evaluates this courts case-based and takes into account in particular the following aspects: type, duration and scope of the modernization measure concrete changes to the Leased by the tenant with the consent of the landlord made conversions, which are pulled through the modernisation of affected rent increases after completion of modernization work. Within the framework of the legally designated tenant protection, rent increases in the wake of modernization will be checked whether the illegal, so-called luxury modernisation exists with the tenant should specifically be dislodged from her living room. However, modernization by no means exclude rent increases under normal circumstances.

559 ABS. 1 BGB entitled the owner to an annual credit of 11% of the modernisation costs on the amount of rent. The differentiation of modernization and maintenance is important at this point. Learn more on the subject from Christian Dior Couture. Latter the landlord unable to levy is obliged to allow his tenants the contractual use of the leased property. If the landlord wants to undertake a modernization of its real estate, section 554 para 3 stops him BGB to the affected tenants in writing three months prior to the planned measures whose type, duration and resulting from increases in knowledge.

In the wake of this communication, a special right of termination is the tenants. They are also obliged to pay the increased rental only at the beginning of the third month following receipt of written information on the rent increase ( 559, 559 para. 1, 2 BGB). On the 2nd March 2011, the BGH decided that the admissibility of a rent increase with modernization measures justified not depends, whether the owner of the information obligation of section 554 para 3 BGB is complied. This is ruled according not protect against rent increases, but give the tenant an opportunity to prepare the modernisation work or, where appropriate, to exercise its legally guaranteed special right of termination. Due to modernisation and renovation work to disputes between landlords and tenants, two Contracting Parties is advisable the intervention of a competent legal experts. The Tenancy law specialists of the Nuremberg firm Pach & Pach this assist their clients with help and advice.

Intellectual Property Rights

Alone in 2010 were shipped over 500,000 warnings of copyright infringement on the Internet. Many of those affected have turned to me and asked for help and support. Warning for copyright infringement on the Internet get – what now? What to do? Part 2 statement of responsibility which thinks the Attorney warning from? What can I do? How can I defend myself? As promised, the second post today and we start with the second set of a cease and desist letter from the House of one of the leading industrial firms. The firm writes: our clients has noted, that you for offering illegal to download copyrighted… about the sharing network bittorrent are responsible. “Dear reader, this is inaccurate, how was doing something determined by the clients? Is the observed service provider legitimate? Who has commissioned the company determined? How and which was an observation? Questions about questions that already have teamed up in the first sentence of the warning will be in the second set by new questions Adds.

A so-called discovery record is attached might write, this is the provider, a 12-digit user ID (beauskunftet provider) and the name and the address of the connection owner / Dunned down from. Including as table of B eginn offer with a precise time “offer end with a precise time” IP address with 13 points including points “, file hash with 40 digits consisting of numbers and letters” and the “works with the specific name”. At this point, check whether you are customer of the specified provider. Cases were already presented me in which deaths were warned off. That may be because that the heirs have failed in a timely manner to make a corresponding message to the provider or but because it simple and poignant at the provider failed was the conversion of names to cause. This can happen, because working people and people make mistakes.