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Going to court

Business in GermanyCivil actionDebt collectionGerman Corporate LawGerman LawGoing to courtLitigation in Germany

Pitfalls of German Law (Part 2)

Be careful when suing a German Kommanditgesellschaft (KG), an Offene Handelsgesellschaft (OHG) or a Gesellschaft bürgerlichen Rechts (GBR) The single most common mistake foreign claimants and their non-German litigation lawyers make when taking a German business to court is that they only sue the partnership itself and not the personally liable partners (persönlich haftende Gesellschafter). To avoid any misunderstanding: This post deals with German partnerships (Personengesellschaften) as debtors, not with German limited liability companies (GmbH)…
Bernhard Schmeilzl
March 15, 2017
Business in GermanyCivil actionDebt collectionGoing to courtLitigation in Germany

Dodging Debts by Moving to the UK?

Has your German debtor moved to the UK and declared himself or herself bankrupt under the UK / British insolvency rules? Since we specialise in British-German legal matters, our firm very often gets enquiries from German individuals, companies or banks regarding a situation whereby a German individual has moved to the United Kingdom and declared bankruptcy in order to avoid paying their debts and liabilities back in Germany. Even further, it is quite common that…
Bernhard Schmeilzl
March 10, 2017
German LawGerman ProbateGerman Tort LawGoing to courtLitigation in Germany

English Speaking German Lawyers and Litigators based in Munich

Experienced German Legal Counsel for British and American Clients Since 2003, the German law firm Graf Partners LLP with its headquarters in Munich specialises in British-German and US-German legal cases. Not only are the German lawyers at GP fluent in the English language, but they have many years of practical experience gained by working for commercial and private clients from Britain and the USA. From conveyancing of German property, drafting international agreements, representing foreign clients…
Bernhard Schmeilzl
January 10, 2017
Family LawGoing to court

Broken Engagement in Germany: Engagement Ring must be returned

May a bride keep the engagement ring under German family law rules? German law is very simple in regards to what happens to engagement gifts (especially engagement rings) if the the wedding is called off: They must be returned. Section 1301 German Civil Code (BGB) states: Section 1301: Return of the presents If the marriage does not take place, each engaged person may require the other to return what the former gave as a present or…
Bernhard Schmeilzl
September 12, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

No Win No Fee Agreements are Void in Germany

Contingency fee agreements with litigation lawyers are illegal in Germany No win no fee agreements (contingency fees) between a client and lawyer are prohibited under German law. This has always been the tradition of German law (more here). The reasoning behind this rule is that German lawyers shall not undercut each other, because this would lead to poorly financed law offices providing very poor services to their clients. Also, German lawyers shall not be under the…
Bernhard Schmeilzl
July 26, 2016
Civil actionGoing to courtLitigation in Germany

Compensation for a wrecked Car under the German Law of Torts

Car Accidents: How are Damages calculated under German Law? Each year, German police registers 2.2 million traffic accidents (for official 2016 stats see here). German insurers, lawyers and Courts are thus constantly faced with the question how to calculate damage claims after a car accident has occured. If the car can still be repaired, the matter is fairly simple. The Defendant must pay for the costs for a state of the art repair plus the…
Bernhard Schmeilzl
May 31, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

German Law of Torts: Are Accident Victims entitled to a New House?

Can a disabled injured person claim for the predicted cost of accommodation or only the actual costs after they have been incurred? Under German law, a person who is impaired by an accident is entitled to adequate housing. The extent and amount necessary for adequate housing depends on what an impaired person would reasonably require. This can be determined by an expert, who will be appointed by a German court. However, a difficult and strongly…
Bernhard Schmeilzl
May 31, 2016
Civil actionGoing to courtLitigation in Germany

A German Claimant can’t be his own Witness

Civil Procedure Laws and actual Litigation Practice in German Court Rooms is very different from English or US Civil Trials Under the English Civil Procedure Rules, it is common practice that a Claimant provides a witness statement to the court. To the eyes of German lawyers and Judges, this is a strange concept, because German law does not allow parties to provide witness statements as evidence before the Court. Under section 447 German Civil Procedure…
Bernhard Schmeilzl
May 31, 2016
German LawGerman Tort LawGoing to court

Standard of Proof in German Civil Litigation

Is the Standard of Proof any different under German Law than English Law? The standard of proof in German civil litigation is defined in section 286 German Civil Procedure Rules (Zivilprozessordnung): Section 286: Evaluation of evidence at the court’s discretion and conviction (1) The court is to decide, at its discretion and conviction, and taking account of the entire content of the hearings and the results obtained by evidence being taken, if any, whether an allegation…
Bernhard Schmeilzl
April 19, 2016
Civil actionGerman LawGerman Tort LawGoing to court

Does German Law of Torts know the Egg Shell Skull Rule?

Under English law of torts, a claimant is entitled to pursue a claim for injuries that have been sustained as a result of the negligence, even if their response to the damage they suffered was unusual or not predictable (e.g. due to brittle bone disease, haemophilia or a nervous disease of the injured person). This principle is known as the “egg shell skull” rule and means that the wrongdoer takes the claimant in the position they…
Bernhard Schmeilzl
April 19, 2016