5th Lawyer Legal+ Newsroom

"Knowledge is power."

Francis Bacon

The articles published here are the result of the author’s daily practice as a lawyer. They are intended to provide you with useful overview information, but cannot replace legal advice in individual cases. No guarantee can be given that the content is correct and up to date.

LATEST ARTICLES

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Commercial law

Enforcement order legally binding – What else can help?

LEGAL+ NEWS Enforcement order legally binding – What else can

BGH eliminates widespread misunderstanding of its case law on the application of warranty law for material defects when purchasing shares (judgment of 26.09.2018, case no. VIII ZR 187/17)

BGH eliminates widespread misunderstanding of its case law on the application of warranty law for material defects when purchasing shares! A comprehensive exclusion of statutory warranty claims in the share purchase agreement does not fundamentally preclude the application of Section 313 BGB (frustration of contract)!

What do so-called media agencies do? – An analysis of the usual contractual relationships in the media business.

“By their legal nature, media agency agreements are generally to be qualified as agency agreements in which one party (media agency) undertakes to carry out an independent economic activity to safeguard the financial interests of third parties (in particular media planning and buying) and the other party (advertising client) undertakes to pay a fee.” (BGH ruling from 16.6.2016, ref. III ZR 282/14)