Category

German Law

Conveyancing GermanyGerman Law

Template of German Land Sale & Purchase Agreement

Buying real estate in Germany When you wish to sell or buy a house or apartment in Germany the agreement must be signed before a German notary (see sections 873 and 925 German Civil Code) because the German Land Registry will only accept instructions from such notary (details). We have explained the legal procedure of conveyancing in Germany here.   The parties must be extremely careful that the notarial agreement does contain the entire understanding between…
Bernhard Schmeilzl
July 3, 2013
Civil actionDebt collectionGerman LawGoing to court

Serving Documents in Germany

Find and and tackle your German debtor You need to serve court papers or other important legal documents to a person living in Germany? But you also expect this person may try to avoid getting served? Maybe you have already tried sending documents by courier and the addressee has not opened the door or the courier employee was not able to locate the debtor. Now what? Service by German Bailiff You will probably google for…
Bernhard Schmeilzl
June 20, 2013
Civil actionCriminal LawDebt collectionGerman LawGoing to court

Limitation under German Law

When do German claims become statute barred? Limitation periods (in German: Verjährungsfristen) impose time limits within which a party must bring a claim, or give notice of a claim to the other party. They are imposed by statute, primarily sections 194 to 218 German Civil Code (Bürgerliches Gesetzbuch, BGB). The standard limitation period is three years (section 195 BGB), thus significantly shorter than limitation according to English law. For many constellations there are - of…
Bernhard Schmeilzl
June 19, 2013
Civil actionDebt collectionGerman LawGoing to court

Making a Court Claim for Money in Germany: It’s actually quite easy

Debt Collection in Germany: A practical Guide to Civil Court Procedures So a German person or company owes you money but won't pay. And you find that German courts have jurisdiction. Well, that may be unfortunate but it is no reason at all to abandon your claim. In fact, to sue for and collect a debt in Germany is easier and cheaper than you might expect, especially if you are from Britain or the United…
Bernhard Schmeilzl
March 10, 2013
German LawGerman ProbateGerman Succession & Inheritance Law

Basics of German Inheritance Law (German Probate)

German Succession Rules and Probate Proceedings explained German inheritance law differs very much from UK law and there are many formal requirements which must be followed. A good starting point for basic information about the law of succession in Germany (or any other European country for that matter) is the official EU website "Successions in Europe". It answers a few basic questions and contains helpful links for more detailed research. In our CrossChannelLawyers blog we…
Bernhard Schmeilzl
October 10, 2012
Business in GermanyGerman Corporate LawGerman LawStarting Business

What is a GmbH? The German Limited Liability Company explained

Checklist for your Startup in Germany "Gesellschaft mit beschränkter Haftung" (in short: GmbH) means Limited Liability Company. It is the most popular company form in Germany and protects - as long as the legal rules are being obeyed - its shareholders from any personal liability. For an overview of German company forms see here. However, in contrast to most other EU member states, there is still a hefty minimum capital requirement of 25,000 Euro, half…
Bernhard Schmeilzl
October 4, 2012
GeneralGerman LawOutside the Law

Economic Data Germany

Stats & Figures for Germany In case you plan to expand your business into Germany, it may be a good idea to get familiar with some stats and figures. The German Federal Statistical Office (DESTATIS), based in Wiesbaden, is constantly publishing data and projections regarding German economy in general as well as regarding various economic sectors. Furthermore, you can find all kinds of statistics regarding environment, society, social security and state. Most services are also…
Bernhard Schmeilzl
June 23, 2012
Business in GermanyGerman Corporate LawGerman LawProfessional Regulations

What is a German “Civil Law Notary”?

And what are their Fees? When you engage in business in Germany you will sooner or later encounter a so called "Notar". These civil law notaries are neither judges nor attorneys, but something in between. German law (for example in Sec. 311.b.(1) Civil Code) requires the intervention of a notary in cases of important transactions with long-term effects and a particular economic or personal significance for the parties concerned, e.g. real property transactions, establishment of…
Bernhard Schmeilzl
June 16, 2012
German Law

German Lawyers in London

Anglo-German Law Firm Graf Legal The German law firm Graf & Partners and its litigation department GP Chambers, established in 2003, has years of experience in counseling British clients in regard to German and European legal issues, particularly in the areas of corporate and labour law, international probate issues, preparation of Beritish-German Wills, drafting of agreements or in litigation and arbitration. Several of the firm’s attorneys have studied and/or worked in the USA, UK and…
Bernhard Schmeilzl
June 14, 2012