Link to General Terms Controls
am 21.09.2006 von German American Law Journal :: American EditionCK - Washington. A link to the general terms and conditions proposed by a web vendor is sufficient for their incorporation by reference into a contract, the Federal Supreme Court for civil matters in Karlsruhe decided in the …
New Batch of Supreme Judges
German American Law Journal :: American Edition / CK - Washington. Today, the federal election committee for the judiciary, Bundeswahlausschuss, elected several batches of justices for the various supreme courts. It chose six justices for the Bundesgerichtshof which is the supreme court for civil …
Waiver and Embassy Accounts
German American Law Journal :: American Edition / CK - Washington. A blanket waiver of sovereign immunity in the term of government bonds marketed commercially does not affect the immunity afforded the governments diplomatic assets in Germany, the German Constitutional Supreme Court in Karlsr…
Pleading Jurisdictional Defects
German American Law Journal :: American Edition / CK - Washington. In a victory for foreign plaintiffs, the eighth civil division of the Federal Supreme Court, Bundesgerichtshof, in Karlsruhe decided on June 1, 2005 that a motion to dismiss for lack of local jurisdiction should be construed t…
Termination of Contracts
German American Law Journal :: American Edition / TS - Washington. On July 7, 2006, the Bundesgerichtshof, BGH, the German supreme court for civil matters, decided in the matter III ZR 145/05 how to interpret a contract without a termination provision. The decision concerns an oral agreement…
Statutory Share for Heirs
German American Law Journal :: American Edition / CK - Washington. Under German inheritance law, certain relatives of decedents may receive a statutory share from an estate if a testator excludes them from an inheritance or if they waive the portion of the estate that otherwise falls to them…
Single Fax is Illegal Spam
German American Law Journal :: American Edition / CK - Washington. Spam laws are tough in Germany. A case and desist demand sent in response to an unsolicited fax to a business made it all the way to the Supreme Court in Karlsruhe. On June 1, 2006, the court decided that such a fax is illeg…
The law of Things
German American Law Journal :: American Edition / CK - Washington. Somewhere on the web I came across a list of chapters in the German Civil Code. The third chapter was described as the Law of Things. Here is my rundown of English terms for the German originals, thrown out for discussion, and…
U.S. Complaint to be Served
German American Law Journal :: American Edition / CK - Washington. On January 24, 2007, the federal supreme court for constitutional matters, Bundesverfassungsgericht, in Karlsruhe decided that the service of process of an American complaint would not raise constitutional issues despite an $1…
Book not to be Published
German American Law Journal :: American Edition / CK - Washington. Esra, a book by Maxim Biller, may not be published, the Federal Supreme Court for Civil Matters in Karlsruhe ruled on June 21, 20065 in the matter VI ZR 122/04, as Simons Blawg notes today. The publication violates the privac…
Torts and Arbitration
German American Law Journal :: American Edition / CK - Washington. An American arbitration clause provided by contract for retail securities transactions does not cover tort claims arising under the German statute for investor protection, the Düsseldorf appellate court decided on Decemb…
Paper and ePaper Fees
German American Law Journal :: American Edition / CK - Washington. A Cologne court decided that an author earns separate fees for an article published in two formats: a printed paper and an electronic paper made available for download on the Internet. The writer had granted permission for pub…
Return to Society
German American Law Journal :: American Edition / CK - Washington. Juvenile and adolescent criminals are the target of a Berlin proposal of June 7, 2006 to meet the resocialization requirements established by the Constitutional Court on May 31, 2006 in the matter 2 BvR 1673/04, 2 BvR 2402/04.…
Access to Data at ISP
German American Law Journal :: American Edition / CK - Washington. Piercing the layers of personal data protection in Germany, and much of the European Union, depends on the statute that applies to the origin, type and location of data. Generally, the law of personal information is person-cen…
Non-Compete Clause Upheld
German American Law Journal :: American Edition / CK - Washington. Under German law, non-competition clauses require ongoing payments for their validity beyond the term of employment. In a recent matter involving such a provision that lacked a specific mention of consideration, the Federal Su…
Criminal Cooperation Germany - USA
German American Law Journal :: American Edition / CK - Washington. German attorney general Brigitte Zypries published a press release of a meeting she and her colleague Schäuble, Secretary of the Interior, had on March 11, 2008 with the American federal attorney general, Michael Mukasey…
Liability for Related Contracts
German American Law Journal :: American Edition / CK - Washington. The owner of a remotely sited house ordered from one company the installation of a power and heat plant, and from another company a heating system that draws on the plant. When the building is not properly heated, the owner r…
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