Daniel Meier-Greve, Autor bei Prozesskanzlei

About Daniel Meier-Greve

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Entries by Daniel Meier-Greve

The limitation period for freight claims – the exception is the rule for freight compensation claims!

January 22, 2020/in Commercial law, Liability law, Nicht kategorisiert, Transportation law/by Daniel Meier-Greve

The freight business is mass business. The industry is therefore reliant on being able to “shelve” individual freight orders promptly. For this reason, international freight law, which aims to protect the freight industry, provides for a much shorter limitation period for transport law claims than the standard limitation period. It is not easy to answer the question of which limitation period for freight claims actually applies in a specific case. 1, 2 or 3?

Law on the limitation of contract terms – Good night, freedom of contract ?

September 6, 2019/in Commercial law, Contract Law/by Daniel Meier-Greve

In mid-August 2019, it became public that the law on limiting contract terms (“Cost Trap Act”) was at an advanced stage.

The limitation period under transport law according to § 439 HGB

August 19, 2019/in Commercial law, Contract Law, Transportation law/by Daniel Meier-Greve

The limitation period under transport law in accordance with Section 439 HGB is only one year from delivery, which is significantly shorter than the 3-year standard limitation period in Section 195 BGB.

ZPO reform 2019 – a step towards official investigations

August 7, 2019/in Nicht kategorisiert/by Daniel Meier-Greve

The ZPO reform 2019 – “small” but noteworthy – is on the home straight. In the following, I provide an overview of the “highlights” resulting from the draft bill of the Federal Ministry of Justice.

Construction contract law: Remuneration for “additional services” in lump-sum price contracts

August 1, 2019/in Commercial law, Contract Law/by Daniel Meier-Greve

The remuneration for “additional services” in lump-sum price contracts in the event of supplementary offers from the contractor is complex. In principle, the additional remuneration demanded as a result of the supplement must be derived from the (plant) construction contract concluded between the parties.

The action for a negative declaratory judgment to prevent a foreign action

July 27, 2019/in Commercial law, Contract Law, Nicht kategorisiert/by Daniel Meier-Greve

If a dispute arises with a foreign business partner, e.g. regarding alleged claims arising from a contract, it is advisable from the point of view of the German contracting party to think about possible procedural scenarios at an early stage in case an agreement fails. If, contrary to the agreements made, it is to be expected that the foreign partner intends to file a lawsuit in the home country, you should immediately consider filing a preventive so-called negative declaratory action at the agreed German place of jurisdiction.

Construction contract law: Global lump sum contract or detailed lump sum contract?

July 24, 2019/in Commercial law, Contract Law/by Daniel Meier-Greve

In (plant) construction projects, disputes under construction contract law about the remuneration ultimately owed to the contractor carrying out the work are not uncommon. Is there a lump sum contract or not? The distinction between a global lump-sum contract and a detailed lump-sum contract can regularly cause major difficulties.