German Federal Supreme Court

Posted on July 12, 2023 in News

Investors who have participated in a multi Advisor Fund and selected a contract duration of 30 or even 40 years, may terminate their participation without notice. For investors the multi Advisor funds, when drawing a 30 or 40-year contract have agreed, there is now the possibility to solve through termination of the participation and the future payment obligations. Investors who have participated in a multi Advisor Fund and selected a contract duration of 30 or even 40 years, may terminate their participation without notice. The German Federal Supreme Court (BGH) has this in its judgment of May 22, 2012 (II ZR 205/10) opted for a case with a 30-year contract. The Court followed the reasoning of the District Court of Berlin, which had seen a unacceptable restriction on termination in the long term due to the unmanageable liability risk associated. Want to know whether there is the possibility of denouncing for you? We advise you gladly and enforce your rights. Nittel Firm specializing in banking law and capital market law

Auer Witte Thiel

Posted on March 17, 2019 in News

The BGH stresses information Auer Witte Thiel, that deviation the liability of living arrangements is less than 10 percent within a tolerance limit applies not only for the General establishment of the rent, but also to rent increases that finds Auer Witte Thiel. More precisely, the BGH justified his judgment according to Auer Witte Thiel so that the contractual definition of a larger than the actual living space is no agreement which deviates 558 BGB on rent increases to the detriment of the lessee of the provisions of sections 557, and therefore in accordance with 557 BGB would be ineffective para 4 or 558 para 6. These protection requirements laid down in the law, so Auer Witte Thiel, only apply to such agreements that BGB alter the formal or substantive requirements of a rent increase according to 558. Alone with a contractual set on a certain area tenant and landlord, but have made no such agreement, stresses Auer Witte Thiel. Only exceeding the surface deviation by 10 percent, it is the contractual partner, which is located at a disadvantage, either to keep no longer reasonable tenant or landlord, the agreement in the lease.

Auer Witte Thiel Auer Witte Thiel is an economic and legal-oriented law firm. The specialization areas of focus and the development of core competencies in certain areas is indispensable in the legal services sector. Auer Witte Thiel represents a variety of housing companies, property managers and condominium communities in the area rental, real estate, and belly right for decades.

Helmer Tieben

Posted on November 19, 2018 in News

In Germany, there are twelve social code, in which the labour laws are kodigiziert. To keep track, here requires the training of a specialist. The German social security law is normalized in the twelve books of the SGB. Thus, the social law covers a broad and specified range of legal issues in the area of social assistance, the social protection of workers and compensation from the State. A lawyer for labour Cologne should master a range of such as well as all other lawyers in Germany. It includes this area of law including the social insurance (pension insurance, health insurance), the unemployment (employment promotion), the hard right of the disabled and the victims of violence and war victims compensation. Another important area of social is the welfare as also the basic provision for jobseekers. Commonly, the basic insurance for working people in the field of social is called also SGB II or Hartz 4.

If a person no longer capable of work, unless on the basis of disability or age takes the SGB XII. A lawyer for labour Cologne should be versed in addition also with the social promotion, the child benefit, the child-raising allowance and the BAFoG and the housing. Because other laws such as the BAFoG and the housing benefit Act belong to the SGB and the field of the social. In addition, national and municipal schemes come to these areas. Since the labour law regulates the legal relations between citizens and the public authorities, this is a part of public law. At the same time, it has many points of contact to the labor law, because social security and employment are closely. For example, a worker, an employee or a trainee gem.

5 is SGB V compulsorily and to consider consequences resulting from a lawyer for labour. For the decision of sozialgerichtlicher disputes, the social courts is responsible and also specialized for this. There are special judges, that focus on the decision of social disputes. The European and international law as a whole now has a large influence on the German social security law. Here therefore national legislation is influenced always again by the European legislation or case-law. Here, it is to maintain an overview, to actively advise the client. Often, clients in the field of social is to people who require special assistance. Because these are dependent on State aid, such as for example disabled or sick people. Legal advisor must know well how the lawyers for labour in Cologne, Germany in the field of social. Task groups transferred legal workers, such as Home Affairs, asset custody, health care or the stay provision. To properly implement this task groups, a regular training of caregivers is necessary. A lawyer for labour can demonstrate particular knowledge in this area through the acquisition of a professional lawyer title. To do this, a certain number of cases must be demonstrated in addition to the specific theoretical knowledge. For the professional law course, there are certain providers.

Replacement

Posted on September 21, 2018 in News

The reduction includes the pro-rata price sometimes also the costs, if they are determined not purely dependent on consumption. In addition, the landlord must prove that an exclusion of of reduction in requirements are met, so the energetic modernisation actually brings a significant reduction of final energy and the housing is not completely unsuitable for use. Finally, and that the landlord must know, must be properly announced to modernize: no proper announcement no toleration obligation of the tenant = = no exclusion of the reduction. The lessee has duly announced energy modernization without tolerate reduction ability, the means of termination without notice is yet him if with modernising a considerable health hazard associated, because toxic fumes emitted from building materials. In this case, the landlord has the damage him moving costs, temporary replacement accommodation, ggflls. Cost of lawyer, to replace broker etc. Other rights of the lessee on Replacement of some of his furniture of damage occurred, other expenses or warranty claims are excluded by a modernization announcement. Three months in a row, in stages, or also several times in a row? Now, as the term of three months to understand is disputed.

Three months per year, three months in ten years, or every now and again, so two weeks for new Windows, after two months later for three months of facade insulation, a quarter again six weeks due to the complete Exchange of the heating system in addition to all radiator and pipes? In this example you would have three measures to tolerated reduction or but a modernization period of five months, of which two establish a reduction law. Landlords is planning multiple Act of energetic improvements on behalf of their tenants in BBs heart set to plan swift and preferably parallel carrying out of all work, to strain the legitimate interests of the tenant not unduly. Unfortunately remains also to be seen, as courts in the no doubt coming disputes.