Practical Insights
Practical insights for the moments when contracts meet reality.
Contracts often reveal their true character only when a conflict arises. What may look balanced on paper can shift significantly under pressure, often to the disadvantage of the party that overlooked or misjudged a legal or commercial risk.
The articles on this page are based on my daily work in contract design and litigation. A particular focus is on mechanical and plant engineering. In this sector, legal risks often become especially visible: in complex project chains, cross-border contractual relationships and disputes with substantial economic consequences.
The articles address questions that arise again and again in practice: Where are the legal breaking points of a contract? When do they become dangerous in the course of a project? And what can be done before commercial tension turns into litigation?
Each article combines legal substance with the perspective of a lawyer who does not only draft and review contracts, but also conducts the disputes that arise from them.
These articles cannot replace individual legal advice. They do, however, show what matters in practice and where contracts, projects and conflicts should be examined more closely.
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.
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