The inactive expert witness is a major dilemma for those affected. The legislator has certainly recognized this and, with a reform of the law on expert witnesses with effect from 15.10.2016, has anchored quite relevant tightening in civil procedure law.
The evidentiary value of private expert opinions is very close to that of court expert opinions. In practice, this is often not the case: many courts tend to regard private expert opinions, i.e. expert opinions commissioned outside the proceedings, as a nuisance. These expert opinions, which are usually “labeled” as biased, are therefore in most cases considered to be of lesser value than court-commissioned expert opinions and are downgraded in the judgment with clichéd justifications. However, this approach, which is widespread in practice, is not covered by supreme court case law! In fact, expert opinions provided by the parties are important for the constitutionally guaranteed legal protection of the parties. This is the only way to fully uncover – not infrequent – errors in court reports.
In its “Influencer II” ruling, the Federal Court of Justice clarified in response to rejected claims by the VSW (“Association of Social Competition”) that the influencer only has to provide an advertising …
The road haulage industry is subject to licensing for transports with motor vehicles with a gross vehicle weight of over 3.5 tons. The requirements to be met to obtain a road haulage license are outlined below.
The term “euro clause” is still predominantly associated with the introduction of the euro. The following article deals with the unpleasant eventuality of the euro entering a crisis, e.g. associated with the exit of individual countries from the eurozone. To prevent this eventuality, it is worth thinking about “post-euro” clauses.
The contractual agreement of hold harmless obligations is still a rarely used contractual instrument. However, such indemnity agreements can be very helpful, especially in multi-party constellations. One particularly relevant example is in the area of highly complex and therefore contentious plant construction.
The question of the recognition and enforceability of foreign judgments in Germany is of great practical relevance: If a foreign (non-European) business partner threatens to sue in his home country in the event of a conflict, a decision must be made as to whether or not a defense against a possible lawsuit abroad makes sense.
Legal+ is now relying on legal tech in contract law and the intelligent, artificial intelligence-based digital contract management solution ContrAxs.
The coronavirus is forcing countries around the world to take drastic measures to counter the spread of the virus. This is having a serious impact on contract law. Many of these measures mean that contracts can no longer be fulfilled by at least one party. The cases affected are countless.
The Bundestag passes a massive restriction on contractual freedom. The Federal Ministry of Justice has thus prevailed with its plan to limit the terms of consumer contracts to a maximum of one year.