Collecting Debt: Tight Limits
am 06.12.2004 von German American Law Journal :: American Edition
CK - Washington. New rules on the terms of the statute of limitations cut short the terms for collecting on old debts. For instance, the 30-year term governing the expiration of claims under old law--if those debts existed at the end of 2001--expire at the end of 2004. That is true even if the old law would have allowed the claim to be enforced until 2031.
The federal justice department in Berlin urges creditors in a circular of December 6, 2004 to examine any claims …
Statute of Limitations Changed
German American Law Journal :: American Edition / CK - Washington. Statutory changes that occurred in 2002 will soon affect the statute of limitations to various claims which used to benefit from rules granting a 30-year period. The Berlin Department of Justice published a general reminder w…
Gettings CLaims Filed in Time
German American Law Journal :: American Edition / CK - Washington. The enormous changes in the German laws affecting the statutes of limitations continue--some with urgent effect. Just yesterday, a new statute was published in the federal gazette, Bundesgesetzblatt, that contains numerous ch…
Tolling Statute
German American Law Journal :: American Edition / CK - Washington. Today, the cabinet in Berlin agreed to amend the tolling statute for criminal prosecutions. Currently, the statute is not tolled if a defendant moves abroad, even as the prosecution pursues extradition measures. As revised,…
Expiring Claims and Other Changes
German American Law Journal :: American Edition / CK - Washington. The rush to German court houses continues: The need to file claims before the beginning of the New Year is more pressing than ever. The changes affecting the statutory rules on the statutes of limitations are far-reaching, a…
Possession Vests in Heir
German American Law Journal :: American Edition / CK - Washington. Johanna Knapp published at recht-in.de a useful overview of the civil code rules that apply to possessory rights of an heir after an inheritance. Generally, under German law, an heir steps into the shoes of the decedent. Unlik…
Enforcing Mediation Pacts
German American Law Journal :: American Edition / CK - Washington. By 2009, agreements concluded in mediation for the resultion of disputes will enjoy cross-border recognition and enforcement in the European Union, German attorney general Brigitte Zypries stated on November 9, 2007. A crucia…
Bad Luck for Investors
German American Law Journal :: American Edition / TS - Washington. Since 2004, the prosecutors of Bavaria, the largest state of Germany, have closed several criminal investigations of investment fraud on the basis of the statute of limitations contained within the Bavarian press statute, Art.…
Priorities at Justice
German American Law Journal :: American Edition / CK - Washington. The Berlin Department of Justice web site lists areas of the law in its topics page, on the left, in the following order. (1) Civil Matters, including the major, completed reform of the law of obligations, the new anti-discri…
Void Fee Pact
German American Law Journal :: American Edition / CK - Washington. Circulating among attorneys in Germany is the news that fee agreements entitled Honorarvereinbarung are void because they violate the specific requirements of §4 of the federal fee statute, Gesetz über die Vergü…
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