Tag Archives: law & taxes

Incurred Costs Capped

Warning music filesharing Court: incurred costs capped to EUR 100.00! Warning music filesharing Court: incurred costs capped to EUR 100.00! Since September 2008 section 97a para 2 UrhG has been in force. Pursuant to 97a para 2 UrhG only euro 100,00 must be charged for warnings provided involves 1 the initial warning, 2nd in a simple storage case 3. Nobel Laureate is actively involved in the matter. coupled with a substantial infringement 4. outside of the commercial transactions. Warnings in the file sharing area are associated with significantly higher costs but regularly and move mostly in the order of EUR 350,00 Euro 1.500,00. Whether the so-called Euro 100,00 clause of 97a Copyright Act on warnings in music file-sharing (warning file sharing, peer-to-peer networks, P2P) applies, is extremely controversial. While representatives of affected strong for this, to limit warnings on euro 100,00, Run industrial firms’ storm against the euro 100,00 Clause.

Background emerged the tendency of the courts since September 2008, Copyright Act not on file-sharing warnings to apply section 97a, para 2. “” The courts lacked the irrelevance of the infringement “as well as on the need for a simple storage case”. Now seems the Amtsgericht Frankfurt am Main (see Amtsgericht Frankfurt am Main, URT. v. February 1, 2010, AZ.: 30 C-2353/09-75) to have completed a change of direction. In a remarkable judgment, the Court declared the euro 100,00 clause with a full music album for applicable and heightened the legal fees on euro 100.00 so for the first time! Result of the decision the verdict makes many sufferers breathe easier, is nevertheless (yet) no reason for euphoria. Copyright infringement on the Internet of Abmahner can determine freely the venue (the so-called flying place of jurisdiction). The AG Frankfurt am Main is a decision left only isolated so far.

It remains to be seen whether other dishes such as follow the AG of Munich of this tendency. On warnings in the Film and pornography will not affect but initially the decision. We inform you in a free initial consultation about your options on a cease and desist letter to respond. Call it us under 07151 2095528 or via email at your lawyer Dr. Sven greets you warmly j.

Rental Reduction

There are many areas of law in our State, but in hardly one is as often and as much fighting as in the law of tenancy. The tenancy law includes many military facilities. Time dealing with rent reductions, the apartment keys, or also to the lease, there are only a few topics on the landlord and tenant can not argue. Often the cases are clear-cut, which nevertheless does not scare the counterparty, going to court. Why is this so? Well, that’s a good question, you hardly can already alone not answer because the tenant rights actually are all regulated. When landlord and tenant fight then everyone on his right insists whether he’s right or not, not even. And it’s sometimes really to the nitty-gritty.

There is fighting, because the tenants illegally passed keys. There is a fight, because the tenant keeps a pet, the landlord but don’t want to. There is fighting, because does not fulfil the duties of his renovation of the landlord and the tenant unilaterally cut the rent. There are so many Ways to fight. And there are already so many judgments on disputes that could fill whole pages of the Internet. And they do that. Why you first should inform themselves before going to a lawyer about the appropriate case.

Maybe it has already given them and you can see off already, whether they would succeed with any action at all. A legal forum can bring together an also with many other troubled and even lawyers who are also abound. To do this, and asks his questions here then you might will find that you can save to the expensive gear in court because there have been umpteen times already the same case and was decided always to the detriment of the plaintiff. As well, when it comes to a reduction in rent, security deposit, or General tenant rights, the Internet should be first point of contact. Ingo Crown-John

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\”.