Category

German Law

German Law

Apartment Prices in Germany: How to get a quick Overview

Need to rent a flat in Germany? Most expats or students coming to Germany will not buy property but instead lease an apartment. There is good news for potential tenants in Germany: Once you have secured a lease agreement, it is almost impossible for the landlord to kick you out again, due to "Mieterschutz" laws, which protect residential tenants against termination of the lease agreements (more on this here). Also, in 2015, the German Civil…
Bernhard Schmeilzl
January 26, 2016
Business in GermanyConveyancing GermanyGerman Law

What is an Ausfertigung of a German Notary’s Deed?

Certification and Legalisation of Documents in Germany German law requires important agreements and declarations to be recorded by a Notary (details here). Parties are sometimes confused or even annoyed that they do not receive the original signed document or even a certified copy of the signed deed, but "only" a so called Ausfertigung. According to the Beurkundungsgesetz (German Act on Notarial Deeds) the signed original (Urschrift) remains with the notary (section 45 I BeurkG). The…
Bernhard Schmeilzl
April 21, 2015
German LawGerman Tort LawGoing to courtLitigation in Germany

If you are bitten by a Dog in Germany …

Tort claims based on animal attacks in Germany Animals are unpredictable. Even well-tempered dogs can snap out of the blue. Under German law, the owner (more precisely the keeper, but in most cases owner and keeper are the same person) is legally responsible and financially liable for any damage his/her dog causes (see Section 833 German Civil Code), even if the keeper has done nothing wrong and the animal has never before attacked someone. Therefore,…
Bernhard Schmeilzl
April 21, 2015
Debt collectionGerman Law

For how long can a Creditor demand Repayment of a Loan under German Law?

How does German law treat loan agreements that state no specific repayment date? Germans have the saying "Bei Geld hört die Freundschaft auf" which loosely translates as "it's better not to mix friendship and money matters". Friends or relatives do borrow money though. What often causes problems is that the parties feel uncomfortable about creating a formal, written agreement. The approach tends to be: "We are good friends and trust each other, therefore we do…
Bernhard Schmeilzl
April 8, 2015
Business in GermanyGerman Law

Graf & Partners LLP at Munich Expat Fair on 22 March 2015

Get Connected. Be Inspired. You’re Invited! That is the motto for the Expat in the City Fair that takes place on 22nd of March at the Alte Kongresshalle in Munich. It will be a one-day experience with information and inspiration for all internationals living in Munich. The people and businesses at the fair, that includes the law firm GRAF & PARTNERS LLP and their English solicitors and German lawyers, can help you make life in…
Bernhard Schmeilzl
March 10, 2015
German LawGerman ProbateGerman Succession & Inheritance Law

Prove German Wills for English Probate

Are German wills recognised in Britain? To an English lawyer, a German style will is shockingly short and informal. Typical wording in a German will would be: "Testament: I appoint as my sole heir my dear son Franz Meyer. Munich, 24 December 2000, Fritz Meyer" Even the following text would satisfy the German Probate court that it constitutes a fully valid German will: "My Wife gets everything. Hans Muller" Yes, this is a valid German…
Bernhard Schmeilzl
January 23, 2015
Business in GermanyCivil actionGerman LawGoing to court

German Limitation Periods are much shorter than in England

When do civil claims become statute barred in Germany? British enterprises doing business within Germany should be aware of the fact that the limitation periods differ hugely between the two jurisdictions. In regards to England, the Limitation Act 1980 states: Time limit for actions founded on simple contract: An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. This…
Bernhard Schmeilzl
January 23, 2015
Business in GermanyConveyancing GermanyDebt collectionGerman LawGoing to court

English Lawyers in Germany

Solicitor Jelowicki von Grafenstein in Munich Whether you have been involved in a car accident in Germany, need advice on German labour law or other contract matters, plan to start a German business, want to buy a house in Germany or need to swear an oath before an English solicitor, the Munich based law firm Graf & Partners can provide the necessary legal advice and representation. The firm was established in 2003 and speciales in British-German…
Bernhard Schmeilzl
November 7, 2014
German Law

German Lawyers in Scotland

German-Scots Legal Advice Since 2003, the German law firm Graf & Partners specialises in British-German legal matters including international probate and confirmation, corporate and business, recovery and litigation as well as family law. In Scotland we have well established ties with local solicitor firms in Edinburgh, Glasgow and Aberdeen. Graf & Partners solicitor Elissa Jelowicki has studied at Edinburgh University and is the first point of contact for Scottish-German legal matters. Our team of German,…
Bernhard Schmeilzl
September 26, 2014
Conveyancing GermanyGerman Law

Searching for Property Information in the German Land Registry

How to find out who owns a specific plot of land in Germany Every week we get a number of enquiries regarding German property and how to obtain Land Registry information. Mostly from creditors who "have heard" that their debtor owns property in Germany. Or from a spouse entangled in divorce proceedings who fears that the other spouse is hiding property located somewhere in Germany. Or, of course, enquiries in connection with international succession and…
Bernhard Schmeilzl
September 25, 2014