"Knowledge is power."
Francis Bacon
The articles in the newsroom arise from my daily legal practice in contract law and in litigation. They address recent court decisions, legal developments, and contentious issues—and highlight the lessons they offer for contract drafting and litigation strategy.
The articles offer a compact overview and are intended to provide clients with guidance on how legal issues in contract law and in the enforcement of claims in court can be resolved in practice. They are no substitute for individual legal advice.
LATEST ARTICLES
Guide to International Civil Procedure: Recognition and enforcement of foreign judgments in Germany
Once a judgment has been successfully obtained against a German debtor abroad (in a third country), the creditor is faced with the important practical question of how to actually get his money.
If the German debtor does not pay voluntarily, only the enforcement of the judgment will help. However, since in most cases the German debtor only has assets in Germany that could be enforced, the foreign judgment must be enforced in Germany. This requires that the foreign judgment has first been declared enforceable by a German court. This declaration of enforceability is the subject of separate court proceedings against the debtor in Germany, at the end of which, if successful, an enforcement order will be issued.
The following article deals with the content of these proceedings.
Guide to appeal law – Importance of the content of the grounds of appeal for the scope of review by the court of appeal
The view that the content of the grounds of appeal determines the scope of review by the court of appeal is widespread. According to this view, the grounds of appeal must contain all complaints regarding the first instance judgment that the appellant wishes to have reviewed by the court of appeal. If the appellant omits a complaint, this would mean that the court of appeal itself would have to ignore legal violations that it has recognized and deemed to be significant.
Possibilities of contesting a settlement concluded in court
Civil proceedings are often concluded by way of a settlement between the parties during the course of the proceedings. This is often done with the help of the court. Practice shows that such a settlement, despite the involvement of the court, is not without its pitfalls. I would like to provide an overview below.
BGH NEWS
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