Category

German Law

Family LawGerman Labor LawGerman LawStarting Business

What is a “polizeiliches Führungszeugnis”?

And when do you need it? The German “polizeiliches Führungszeugnis” is the equivalent of the British “enhanced criminal record certificate” as defined in sec. 115 Police Act 1997, sometimes also referred to as “certificate of conduct”, “good-conduct certificate” or “police clearance certificate”. The Führungszeugnis is an official document issued on special green paper by the German Bundesamt für Justiz (Federal Office of Justice) in Bonn. It lists criminal offences above a certain threshold, usually if someone…
Bernhard Schmeilzl
September 25, 2018
Business in GermanyCyberlawGerman Law

Abuse of your Web Shop?

What to do if your online shop is attacked by criminals: an IT lawyer’s view. In times of digitalization it is extremely attractive to offer your products online – this has several advantages. No sales room is needed, the offers are available around the clock and there are no annoying sales talks. Sounds good at first? Of course, it is! As long as there are no problems with the web shop… A real life example…
Bernhard Schmeilzl
August 31, 2018
Business in GermanyGerman LawLitigation in Germany

British Solicitors: better brace for a cliff-edge Brexit

“Brexit not the end of the world” Theresa May recently statedthat a no-deal Brexit ‘wouldn’t be the end of the world’. How reassuring! If you are an English or Scottish solicitor who specialises in international law, such a rock hard Brexit may, however, well be the end of your career as an internation lawyer. Because in case of an ever more likely no-deal scenario, English solicitors will no longer be able to provide legal services…
Bernhard Schmeilzl
August 30, 2018
Austrian ProbateGerman LawGerman ProbateGerman Succession & Inheritance LawInternational ProbateWills and Succession Planning

German Probate: What to do if a beneficiary (co-heir) cannot be found?

Does anyone know where Great-Granduncle Fritz lives? In some probate cases (Nachlassverfahren), especially if a decedent had no children, no surviving spouse and no surviving siblings, the next of kin cannot be located, either because the relevant persons have died so long ago that the closest living relatives of the testator can’t be identified (e.g. died in the war) or because they have moved to another country and nobody knows their whereabouts. Even if only…
Bernhard Schmeilzl
August 7, 2018
German LawGerman ProbateGerman Succession & Inheritance LawInternational Probate

Entangled in German Probate Proceedings?

Renounce Inheritance against Compensation Payment In this post, we reveal a simple trick how to be released from the duties and obligations of being a German co-heir while still obtaining a portion of the German estate. The buzzwords are "Verpflichtung zur Ausschlagung gegen Abfindung", i.e. contract to renounce a German inheritance against compensatory payment (make-up pay). Background: The Basics of German Probate and Estate Administration In previous posts, we have explained German succession rules, the…
Bernhard Schmeilzl
August 7, 2018
German LawGerman ProbateInternational ProbateWills and Succession Planning

Does anyone know about Great-Granduncle Fritz?

What to do in Germany when an Heir (Beneficiary) cannot be found In Germany, due to the principle of universal succession (which is governed by  §§ 1922, 1937 BGB of the German Civil Code), it is the heir´s duty to look after the estate. Under German inheritance law, there is no personal representative to take possession of the estate. The German Probate Court (“Nachlassgericht”) will also not interfere with the administration of the estate. The…
Bernhard Schmeilzl
July 23, 2018
German Labor LawGerman Law

Post-Contractual Non-Compete Clauses in German Employment Agreements

... and how to get rid of them Many employers want to prevent their employees to work for competitors when the employment ends. Under German labor law, this can be achieved by putting a post-contractual non-compete clause (nachvertragliches Wettbewerbsverbot) in the employment contract. The typical standard wording for such a non compete clause would be this: The Employee shall not, for a period of 24 months following the end of the employment and within the…
Bernhard Schmeilzl
March 21, 2018
German LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawWills and Succession Planning

If your Parent or Child passes away while having been resident in Germany…

... then German Succession Rules do apply to the Estate! Since August 2015, all EU members (except for UK, Ireland and Denmark) apply the same basic rule: The national succession laws of that country shall apply in which the decedent had his or her last habitual residence (EU Succession Regulation, EU 650/2012). Thus, if your parent or your child has been permanently living in - for instance - Germany, France or Spain and sadly dies…
Bernhard Schmeilzl
March 6, 2018
German LawGerman Succession & Inheritance LawGerman Tax LawWills and Succession Planning

“I want to make a Gift to my Child in Germany…”

... but my son-in-law / daughter-in-law shall not benefit from such a gift or inheritance! Is that possible under German law? Yes, it certainly is possible. Spouses are sometimes under the impression that they have an automatic entitlement to any gift the other spouse receives, whether as a lifetime gift or as an inheritance. Simply by virtue of the fact they are married. Under German law, this is certainly not the case. Unless the spouses…
Bernhard Schmeilzl
February 8, 2018
Business in GermanyCivil actionGerman Corporate LawGerman LawGoing to courtLitigation in GermanyStarting Business

Harsh “Unfair Competition” Rules in Germany

The German Habit of sending out Cease and Desist Letters to Competitors When you start trading in Germany you may be in for unpleasant surprises. The first letter your German subsidiary receives may likely be a formal cease and desist notice sent by your competitor's lawyers. Why? Because under German unfair competition laws, every business has the right to formally demand competitors to fully comply with any and all German laws. And there are many…
Bernhard Schmeilzl
January 25, 2018