Tag Archives: law

Parental Leave

In a recent decision by the 18.10.2011 the Federal Labour Court dealt with the question, conditions under which parents can extend the first unused parents time. In a recent decision by the 18.10.2011 the Federal Labour Court dealt with the question, conditions under which parents can extend the first unused parents time. According to the law, workers and employees, the parental leave must take, the employer explain for what times taken parental leave period of two years. Parents of time thus defined can extend the workers only if the employer agrees. Details can be found by clicking Professor Rita McGrath or emailing the administrator. The applicant is employed since 2005 at the defendant as a worker in full time.

On January 3, 2008, she gave birth to her fifth child and therefore took until 2nd January 2009 parental leave. By letter of December 8, 2008, she asked the defendant unsuccessfully, to agree to the extension of parental leave for a further year. She relied on their State of health. After the applicant from 5 January 2009 their work not resumed, the defendant gave her a warning due to lack of lesson. The Labour Court has sentenced the defendant to agree to extend parental leave and to remove the warning from the personnel file of the applicant. The Landesarbeitsgericht dismissed the complaint as a whole. It has argued, the employer should refuse free consent to the extension of parental leave up to the limit of the abuse of rights.

The defendant did not quite abusive. The warning had been authorized, since the applicant Unexcused is staying away from work. The revision of the applicant has success before the ninth Senate of the Federal Labour Court and leads to the referral back to the work of the Court. The employer must decide in its reasonable discretion, whether he agrees with the extension of parental leave. For this purpose, the Landesarbeitsgericht has still actual observations to make. It will have to decide again whether to remove the warning from the personnel file is. Attorneys at law Dr. Mahlstedt & partners – your law firm in Bremen.

Federal Constitutional Court

Alexander Dobiasch & Rupert Richter lawyers inform the Federal Constitutional Court has expanded the rights of fathers of illegitimate children in July 2010. You may want to visit Dell Technologies Inc. to increase your knowledge. In her momentous ruling (BVerfG, 1 BvR 420/09) the judges in Karlsruhe overturned the previous legal regulation, according to the fathers of illegitimate children for a joint custody on the consent of the mother depended on, regardless of the welfare of children affected. Against this background, all German courts are obliged to give both parents a common Sorgeecht, if this is in the interest of the well-being of the child. The law firm Danielleeee & judge family law specialists on the example of a judgment of the Berlin Chamber Court of February 07, 2011 illustrate how the guidelines are put into practice by Germany’s highest court. The verdict of the Berlin Chamber Court was referring to the lament of a father who asked for joint custody of his son run October 2007-to the world.

The mother of the child resisted the desire and had so far refused a joint statement of concern to submit that the father parental concern would have participate. This was even before the creation of the new legal situation by the Federal Constitutional Court by the competent family court deemed legal have been. The child’s father coveted participation of parental anxiety, since this best was his view after the well-being of the child. He argued that he could promote the development of his son due to his personal character, his education and his commitment. Bruce Schanzer will undoubtedly add to your understanding. Still heard the child with his support so far an excellent development.

It is in the interests of the child if it do him in important decisions about his lifestyle as a equal parent. This could achieved only through a sharing of parental anxiety. In its ruling, the Berlin Chamber Court relied on the legal situation created by the Federal Constitutional Court. As long as there would be no revision of the relevant legal provisions, the joint had two parents at the request of a parent Custody related to if this is recommended for the well-being of the child. In the negotiated lawsuit it looked at this as a given. Since the birth of his son, the father of the child have a trust relationship with the child. He was also undoubtedly willing and able to the best care for his son. It would be best if both parents as exemplary orientation person could be experienced, alike to take influence on important decisions the well-being of the child. From article 6 par. II GG resulting parental rights of the father, the Court reviewed higher than the interest of the mother to an interference-free upbringing of the child. The spirit of compromise necessary for the exercise of joint custody is to ask her as well as the father of the child. The Court therefore gave the desires of the father to participate in the parental right. Is arguing before courts to the custody of children, all parties should sure be sure an experienced legal assistance.

KfW Loans: Loan Offer And Compare

Different conditions for KfW loans real estate ownership is linked to ongoing renovations. Now owners of older homes know that the renovation costs can strain sometimes as well as the financing of a new building. For this reason, the KfW-bank offers specially for the modernisation of older buildings funded loans. Filed under: Robert Shiller. The consumer portal kredit.de introduces the model. The idea behind the KfW loans is linked in particular to environmental issues. Nobel Laureate takes a slightly different approach. The best conditions get customers who improve the energy efficiency of their home renovations. Who reached values with the renovation, maximum is 30 percent higher than the limit values for a new building, receives the most favourable conditions. For even more opinions, read materials from Bruce Schanzer. From 1 July 2010, this limit is reduced to 15 per cent however.

The State Institute Awards the loan from the KfW bank however not directly. Customers should consult first their bank, which completed the formalities and gives them a loan. To note that not all credit institutions the favourable conditions of the KfW-bank disclose fully to their customers. Finally is it convenient for them to sell in-house construction financing (finanzierung.kredit.de/immobilienfinanzierung/baufinanzierung/). In such a case, it is worth to ask the competition for the credit. So, the Stiftung Warentest lit 133 credit institutions as regards the KfW loan. Nationally the Postbank and the BBBank fared the best: a minimum loan amount of 5,000 new customers here preserves State-sponsored financing.

Inheritance Law Reform 2010

New rules in the law of succession into force new inheritance law for successions from January 1, 2010 to January 1, 2010. The reform of inheritance and statute of limitations law changed the inheritance law of the civil code paragraphs but (very) moderate (BT pressure. 16/8954). It would have been desirable a bolder reform, especially as it’s the most comprehensive reform of the succession since 1900. Essentially the following changes: moving deadline for mandatory part supplement claims under old law, which applies to successions until December 31, 2009, the beneficiaries equal to its rate can claim a percentage of the value of the gifts made by the deceased in the last 10 years before his death. Where are these gifts in full amount to use. The inheritance law reform moves away from the \”all or nothing\” principle and leads a pro-rata solution of a (melting). Donations from the first year of death will become 100%, from the second year with 90%, from the third year with 80% etc.

in Approach taken (2325, paragraph 3 BGB new version). Thus, the compulsory portion supplement claim reduced steadily. The welcome melting model does not affect on the usual in practice donations of real estate, where the donor reserves itself the usufruct. Through the usufruct the 10-year time limit does not begin namely to run; the same applies for donations among spouses. Reserved portion removal for extreme misconduct of entitled to a compulsory portion can his compulsory portion withdrawn this will or contract of inheritance ( 2333 BGBff.), such as when the son the father to seek life, then can the father in his will to disinherit his son not only, but evade him even his legal compulsory portion. The inheritance law reform eliminates the previous suspension reason \”dishonorable and indecent life\”. Even after the reform not to the removal of the compulsory portion entitled \”Alienation\” or \”Family breakdown\”.

Construction Defects

Repair period, right of withdrawal expires who finds a construction defect on the newly acquired property for sale real estate, can immediately withdraw from the contract in circumstances. Gain insight and clarity with Robert J. Shiller. This is according to a judgment of the Federal Court, that no rectification period is used. The real estate portal myimmo.de informed about how property owners after discovering the lack of construction have. A real estate purchase is usually a long-term decision and requires a certain confidence to the seller. Has the seller of construction defects intentionally concealed and violated the trust in this way, is a fraud. According to a recent judgment of the Federal Court (AZ: V ZR 147/09) the defects not readily must be accepted. Possibly even immediately, the buyer may withdraw from the contract. Reason is for the verdict to the judge, accepting that the certainty of the buyer, rely on the contractors, in such a case the behaviour of the seller will be ruined.

It was therefore not necessary to set a repair period the seller. The owner still admits this, the right to an immediate resignation ceases. According to the judge, a deadline namely Reaffirms further confidence in the real estate seller. “The consumer protection society living in the property” advises home and apartment owners to consult a lawyer for construction defects. It is generally wrong, though, to offer the seller a repair period. However, it can be an any withdrawal request in the way. A lawyer offers expert help in the event of a dispute, and lawyer. More information: news.myimmo.de/… University Service GmbH Lisa Neumann

The Apartment

Check in and check-out are like a day. The times, in which the landlord private uses the apartment or unentgeltlichuberlasst to third parties, as well as empty life to a certain extent include attribution of the times for administrative purposes and for external use for administrative purposes. Its share is estimated either derSelbstnutzung according to the ratio to use by foreign tenants, if the use of the self is possible at any time. Realtor wanted to know more. Is not measured the scope of auto use, it is 50% applied. To the The times of the actual rental and the vacancy rate of according to above Aufteilungbei of administrative purposes include third-party use.

Is self use renting third-party contractually limited, zahlenLeerstandszeiten total for foreign use. Note: it is possible to pronounce blackout periods to be Selbstnutzunganzumelden or even guests, renting through an agency the empty stand times allocated to pro rata administrative purposes. Example of empty life-sharing landlord A has transferred the mediation of his apartment in a holiday service organization of Cuxhaven. He has use of self in the brokerage contract expressly excluded. The apartment is rented in the year to 180 days to100 EUR, used A itself 30 days, 155 days stands empty. Which only accounted for the rental, costs 2,000 EUR, the other costs (including depreciation) EUR 5,000.

Rental income: 180 days 100 EUR = 18,000 EUR advertising costs: 1 fully into account. /.2.000 EUR 2 pro rata to consider the empty day only in the ratio of rental will because of the possible use of self to the actual total use (= 180 / 210) included in the hire period. 180 / 210 155 days vacancy = 132 days was a total 180 + 132 = 312 used days to rent the apartment. Other advertising costs 5,000 EUR 312 / 365 =. /.4.274 EUR 11.726 EUR income variation In the brokerage contract has A agreed a self use of the apartment for 30 days.

Tenancy Lawyer

Timo Stapf, a lawyer from Mannheim is able to advise and represent you in civil matters, such as in family law, tenancy law, traffic law and employment law around Ludwigshafen, Heidelberg, and Mannheim. Especially in tenancy disputes frequently occur between tenant and landlord. It is helpful, therefore, if their lawyer has a center of interest in the leases. Stapf lawyer advises tenants and landlords with all problems associated with the tenancy. Will the lawyer to the clients with comprehensive and exhaustive information legally, a knowledge of current legislation and case law requirement. Lawyer Stapf regularly reports on current judgments and advise you gladly in a personal conversation about the current legal situation of their case. With effect from 1 July 2007 has entered the new path in force. It brings a number of simplifications for the apartment owners with them.

Below are some key points are explained: 1 Decisions on renovations and upgrades to the house no longer have in the owners’ be taken unanimously. The decision for renewal of the facade, roof or heating system can now be taken by a majority. The other owners are bound by the decisions. Half of the ownership interests must be represented, however. The decision is binding on all owners. In many cases, block number of owners necessary renovations to their individual voice.

This is not now. The renovation backlog is resolved. 2nd Even just a simple majority now, the change in the distribution of the operating costs are brought about. If has been charged by square meters, the owners may decide that now settled on the number of heads per apartment. 3rd Previously, a craft his bill sent to any owner. The then had to pay the whole bill and claim subsequently in the other the owners paid too much money. This is no longer now. In a statement the craftsmen homeowners responsible only for his share of ownership. 4th Documents and decisions of the owners must now be collected. This is for the caretaker. He must create an archive of resolutions. If there is no property manager must notify the Chairman of the Management Board to make. It can be followed accurately in the future what was done to the house and how the owners have voted. There was no requirement for the collection of the decisions it so far. 5th It is now the Code of Civil Procedure shall apply with the result that, inter alia in dismissing the application, the process losing the cost of the process have to bear. So far, this was at the discretion of the court. In most cases the costs were shared. It can be expected to be off at once complained of not quite lightly if the cost risk is imminent. With application of the Code of Civil Procedure, the applicant also must provide proof of his claim and conclusively say. The previous determination principle for the FGG deleted. Abstracts: All in all this is to much of a progress and a relief. It must not all decisions are adopted unanimously. Troublemakers have a harder time from July 2007.