“Handelsblatt” report from March 15/16/17, 2019 confirms the questionable nature of the action taken by the Association of Social Competition (VSW) against influencers.
The question of liability for registered mail sent by Deutsche Post is becoming increasingly important, as in the real world of amazon, ebay & Co. goods are increasingly being sent as e.g. registered maxi letters. This is when the question of whether and, if so, to what extent liability on the part of the postal service can be considered comes into play. This is the subject of the following article.
Anyone who has ever been forced to seek legal assistance to enforce or defend against claims knows that being right and getting right are different things. It is not uncommon, and this experience is (unfortunately) also familiar to many of those affected, for the court proceedings to be accompanied by the impression that the judge responsible for the decision was not neutral and therefore possibly biased. If this partiality is to one’s own detriment, the question arises as to whether there are options for action in such cases. The following remarks deal with this question.
The obligation of private health insurance (PKV) to pay benefits – when and for what does PKV have to pay?
If tax advisors make mistakes and clients suffer losses as a result, the question of whether and to what extent a limitation period has already expired is not easy to answer in legal terms.
According to recent rulings by the Federal Court of Justice (judgments of 4 July 2017, case no. XI ZR 562/15 and case no. XI ZR 233/16), processing fees that have been customary for a long time are also inadmissible for loans to companies and thus corresponding agreements in loan agreements – even in the case of overdraft facilities – are invalid.
Action against legally binding enforcement order
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)!
“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)
Negotiation is more than negotiation. The party proposing an arrangement must seriously put its content up for negotiation and give the other contracting party recognizable freedom to protect its interests.