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Law Firm Heuking Kühn Lüer Wojtek


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For example, it makes no sense to a German that American tort law, until recently, allowed landowners to treat social guests more carelessly than business invitees. Or that a psychotherapist has a duty to warn the authorities if he discovers that his patient is planning to murder the patient’s ex-girlfriend, but an electrician who discovered the same thing about a client would not have any such duty. Or that one can recover lost profits as a result of an accident if someone hit you, but not if they merely blocked your way.

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In the cases under sections 306 to 306c, section 307 to , section 308 to , section 309 to , section 310 and section 316c no. 2, the court may make an order for the supervision of conduct (section 68 ). Motor vehicles relating to an offence under section 315d no. 2 or no. 3, , or may be confiscated. Imprisonment for a term of at least five years in the cases under subsection . Whoever, without being authorised to do so, substantially and permanently alters the appearance of an object referred to in subsection incurs the same penalty. The award of a contract by direct agreement following a prior call for competition is equivalent to an invitation to tender within the meaning of subsection . Subsection no. 1 also applies to foreign ships which have taken on their cargo, in whole or in part, in Germany.

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Therefore, it is possible for a for-profit entity or an American grantor charity to establish and control a German NPO and (in the case of a tax-exempted company) own it as the sole shareholder. Limitations only exist in tax law, if the NPO wants to receive tax benefits. As described above, a foundation or association can be formed for private benefit, public benefit, or—in the cases of associations and corporate enterprises—mutual benefit purposes.

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In passing this law the Reichstag was acting within its rights as defined by the Weimar Constitution; for the latter put no restriction on the ambit of such laws as might be enacted for the purpose of altering the Constitution. Through this law the Reichstag declared its approval of the government proclamation issued by the Reich Chancellor. This proclamation laid down the lines along which the work of reconstruction, within and without, was to proceed. It acknowledges the leadership as invested in the community of the German people. Therewith was abolished the division which the variety of political parties had caused in the life of the nation. The Government of the Reich was entrusted with the task of carrying out the new reform.

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The basic Act was promulgated on September 13, 1933, and a large number of supplementary decrees have ensured its proper application. The Reich Agricultural Estate has been given the task of training its members to a full sense of their responsibility towards the people and to become the solid foundation on which the nation can grow and maintain itself. It watches over professional honour which here too is the basic element of the community. It also has to care for its members from a social and cultural point of view.

No consent shall be required if the exclusive exploitation right was granted exclusively for the administration of the author’s interests. If the transfer of an exploitation right is permissible by agreement or by law without the author’s consent, the transferee shall have joint liability for the discharge of the transferor’s obligations under his agreement with the author. If exploitation rights in the individual works contained in a collection are transferred together with the exploitation right in the collection , the consent of the author of the collection shall be sufficient. An exploitation right may be limited in respect of place, time or purpose. The author may transfer the exercise of copyright to an executor by testamentary disposition. If the author has granted to the producer of an audio recording or a film the rental right with regard to a video or audio recording, the hirer shall nevertheless pay an equitable remuneration to the author for the rental.

Whoever causes the danger by negligence incurs a penalty of imprisonment for a term not exceeding three years or a fine. Moves with inappropriate speed as the driver of a motor vehicle and in gross violation of road traffic regulations and carelessly in order to achieve maximum speed incurs a penalty of imprisonment for a term not exceeding two years or a fine. Whoever, with the intention of damaging the health of another person, undertakes to expose that person to ionising radiation which is capable of being damaging to health incurs a penalty of imprisonment for a term of between one year and 10 years. Whoever unlawfully destroys, in whole or in part, a building, ship, bridge, dam, a constructed road, a railway or another edifice belonging to another incurs a penalty of imprisonment for a term not exceeding five years or a fine. If the data processing operation is of substantial importance for another’s business, enterprise or an authority, the penalty is imprisonment for a term not exceeding five years or a fine. Whoever unlawfully damages or destroys an object belonging to another incurs a penalty of imprisonment for a term not exceeding two years or a fine.

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If the convicted person has served at least one year of the sentence imposed before the remainder is suspended on probation, the court typically places the convicted person under the supervision and guidance of a probation officer for all or a part of the probation period. The convicted person is not to be compensated for services rendered in the fulfilment of conditions, offers, directions or assurances. If the suspension on probation is revoked, the court may, however, credit services towards the sentence which the convicted person has rendered to comply with conditions issued under section 56b sentence 1 nos. 2 to 4 or related offers in accordance with section 56b .

Contextual Examples Of “lawyer” In German

By committing the offence creates the risk of especially serious detriment to the external security of the Federal Republic of Germany. Sections 84, 85 and 87 only apply to offences which are based on activities done within the territorial scope of this statute. Subsection does not apply if the act exclusively serves the performance of lawful professional or official duties.

A reduced VAT rate of 7 percent is applied to taxable remunerations for services which are necessary to pursue an NPO’s statutory purposes , or for those services which are considered to be mere asset management (such as the lease of premises or the exploitation of rights, especially copyrights, royalties, etc.). This limitation does not prohibit a staying permit turkey tax-exempt NPO from engaging in all “political” activities, however. The bylaw to Fiscal Code §52 in the implementing rules distinguishes “political” purposes from “public benefit” purposes. In the discussion of the meaning of the term “political,” the rules indicate that some activities relating to the development of public opinion are acceptable.

They can only challenge an agreement if their legitimate concerns or formal position as a stakeholder in the cleanup were unlawfully curtailed. Contaminated soil and groundwater pollution caused as a result of it are governed by the Federal Soil Protection Act (Bundes- Bodenschutzgesetz). It stipulates a liability of polluters, including their universal legal successors; current land owners; previous land owners who knew or ought to have known about environmental issues when acquiring title, and possessors including lessees and operators of a contaminated site.

The power of intermediaries may also be considered when assessing whether an undertaking is market dominant. This ensures that equal access is granted to marketplaces, so that consumers may benefit from more offers. On a national level, a law for “fair consumer contracts” was presented to the legislator in December 2020 and will likely be approved in 2021. The new law will provide, for example, for additional time limitations for certain types of contracts (e.g. mobile phones, gyms), and introduce several new restrictions for clauses used in general terms and conditions towards consumers. It will also provide increased protection against contracts concluded via telephone .

In especially serious cases, the penalty is imprisonment for a term of between three months and five years. An especially serious case typically occurs where the offence is committed jointly by more than one person. The sexual abuse of children in the cases under section 176 and incurs a penalty of imprisonment for a term of at least one year if the offender has been convicted of such an offence by final judgment within the previous five years. Whoever commits one of the acts referred to in section 152a in relation to guaranteed payment cards or blank Eurocheques incurs a penalty of imprisonment for a term of between one year and 10 years. If the offender acts on a commercial basis or as a member of a gang whose purpose is the continued counterfeiting of money, the penalty is imprisonment for a term of at least two years. Subsection no. 1 and no. 3 also applies to material (section 11 ) of such content referred to in subsections and .

The claim to such leave can be made by female as well as male employees but is inadmissible whilst the ban on occupation under the Maternity Protection Act applies. During child raising leave, the mutual duties laid down in the employment contract are suspended . This leave is granted without pay, and ends when the child Turkish resident permit reaches 4 years of age (sec. 15). Another entitlement for continued payment during leave of absence is laid down in sec. 616 of the Civil Code. Wages can thus be claimed if the employee is prevented from working for personal reasons such as e.g. death, birth or funeral and the absence is for an insignificant period.

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