Questions tagged [germany]
Jurisdiction of Germany.
525
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4
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Germany: Right to work without a SSN and National ID number
I am in Germany on a spousal visa. My visa states "Erwerbtätigkeit erlaubt" i.e. I can work here. I have a Steuernummer (tax number) and I have finished my Anmeldung (registration) at the ...
8
votes
2
answers
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Tenant's permitted use of rented parking space
I rent an apartment in a block of flats. Tenants are given an assigned car parking space in a basement-level parking lot, for which they also pay a monthly rent.
The landlord has written to us stating ...
2
votes
2
answers
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Does the context of one’s displays of Nazi emblems matter to its legality?
In Germany, I understand that openly displaying Nazi symbols is illegal but that is heavily dependent on the context indicating that they are being displayed as a promotion or celebration of Nazism. ...
12
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3
answers
7k
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Is it illegal to voluntarily work longer than the law allows?
Let Bob be a software developer that can work from home. Bob's contract says he has to work 40h/week. The employer offers a flexible distribution of those hours and doesn't care when Bob works, as ...
2
votes
2
answers
305
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What does "registered pursuant" mean in German laws?
I find the phrase registered pursuant used a lot in the German law of registration. Could someone explain what it means?
Reference from Federal Ministry of Justice
2
votes
0
answers
59
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Do I need to have a registered living place to keep my aufenthaltstitel?
So, here is my situation. I have a course in Germany that lasts three months. I am planning on renting a place there for three month, registering, using that for an autenthalts, then deregistering, ...
2
votes
1
answer
469
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How many people can register at a given apartment at a time?
In Germany, once moving into a place of permeant residence, it is required to register the address with some city council. I would like to ask, is there a cap to number of the of people who can ...
0
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0
answers
58
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Can a business "change policy" and tack on extra fees for related services after a contract is agreed?
If a business always bundles some service with another service which is necessary to use the first one, and informally contracts with a customer for the first service, can they later change their ...
12
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4
answers
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Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?
The German Constitutional Court (Bundesverfassungsgerichts) recently ruled that a second trial (due to new evidence) after a previous acquittal violates the German constitution:
BVerfG urteilt zur ...
3
votes
1
answer
133
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Are resale of goods taxable by individual in germany?
Suppose I buy an induction cooker from IKEA, and then later when moving away from where I live, I decide to sell it to someone moving in. When I do this, I get some money back.
Is income gained from ...
1
vote
3
answers
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Germany: insurance for newborn but change of insurance end of the same month
A child is born to parents (german citizens, german clinic) who are insured by an international private health insurance until the end of the month. The birth certificate was available at 25th of this ...
0
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0
answers
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What are requirements to determine options for statutory or private health insurance after moving back from abroad (in the EU)?
When a person moves back to Germany after being abroad in the EU (e.g. Netherlands) long enough to have to insure themselves there and not be insured in Germany anymore, what determines if you can be ...
2
votes
1
answer
288
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Is there any requirement to provide a physical payslip on request in Germany?
Currently my employer requires employees to log-in to a website to download our monthly pay-slips. I find this frustrating as I receive no notification that a new payslip has been generated, and must ...
-3
votes
1
answer
129
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Is it lawful for a Germany non profit company to extend an interest free loan of 300,000 Euro to a Ugandan citizen?
A Germany non profit company signed a loan agreement in which it extended an interest free loan of 300,000 Euro to a Ugandan citizen. Can it enforce the loan agreement in Germany?
2
votes
0
answers
117
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An insolvent company still operating
I have made an order online for a company early September, however found out the company filed for insolvency early August.
However they are still taking money from customers and never sending their ...
2
votes
0
answers
66
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German real-estate. Property caveat when company goes bankrupt
I bought an apartment in germany in a building that hasn't been built yet.
I have also applied for and received a 'property caveat'. What happens if the company that i bought the apartment from goes ...
4
votes
3
answers
3k
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Treatment of lying/exaggerating witnesses
So I'm asking this in the setting of a criminal trial, but I'd also be interested to hear about the treatment of the same aspect in a civil trial.
Assume Danny (D) finds himself accused of some ...
33
votes
3
answers
4k
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What law governs shopping carts?
The title may sound a bit funny but it is something I spent a few hours thinking about during a recent car trip :)
In my country in order to get a shopping cart, you have to insert a coin. When ...
-2
votes
1
answer
119
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When has a doctor fulfilled their contractual duty
Generally when getting a service from some provider it is implied that that provider has to provide the service they ask money for. If I buy a phone and that phone is broken they have to replace or ...
36
votes
3
answers
12k
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Is it illegal to take pictures of the police in public in Germany?
I visited Cologne last year. I was taking a selfie with my phone's inner camera in front of a monument. I was unaware that my phone's outer camera was facing police officers conducting checks. One of ...
2
votes
1
answer
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At what point is it punishable to support a "criminal organisation"?
A friend said to me the other day that she was worried that she had supported the the "Last Generation" ("Letzte Generation") organization financially. The Last Generation often ...
10
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3
answers
3k
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Legality of stealing news
Say I read in the newspaper that a kangaroo shot a man on highway 45.
If I put this information on my homepage, and don't copy the exact wording of the newspaper, this is probably ok and not a ...
2
votes
2
answers
226
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Are foreign sellers exempt from consumer protection laws?
German law offers certain protections for online buyers, essentially the right to return the goods for a refund within 14 days and a certain warranty within 2 years of purchase.
I was under the ...
0
votes
1
answer
265
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Roommate accusing me of theft in Germany [closed]
my stuff kept going missing and when I asked my roommate they denied but later I looked through their bags and found out it that they were stealing my stuff and hiding it in their bag. I took a ...
2
votes
2
answers
160
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Ways to avoid a running Naturalization application being forwarded to another municipality/city
I have recently made a Naturalization application in Germany (1 month ago) in Bayern and am about to Move to Berlin in 2 months. And after I do the anmeldung my application will also be forwarded to ...
9
votes
2
answers
1k
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Burden of Proof for Reprinting a Book
You republish a book from 1923 without asking anyone.
The original publisher (or its successor) sues you.
Do you need to proof that the author is 70 years dead already, or lies the burden of proof on ...
-3
votes
2
answers
791
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Is income from youtube considered as freelance income?
Tangentially related. I ask ebecause I know in general freelance work is not taxed, so does youtube income count as freelance income?
Related, and also this
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votes
1
answer
101
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usage of the same applicationname
we are currently developing a mobile-App for Android and IOS and we would like to use a name for this application, that already exists: "YouTrack".
BUT of course our application has nothing ...
0
votes
1
answer
162
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Notice period of tenant to terminate apartment
I have a apartment with fixed term. (10 month). in Contract it mentioned that,
tenant can live in current month if noticed landlort before 15th of
each month. In this case no metter when tenant leave ...
2
votes
1
answer
133
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What rights does a German works council have with respect to a longterm unfilled position?
Situation, a department head left the company. The company is looking for a replacement by advertising the position and hiring a head hunter. Unfortunately this didn't work out (so far) and the ...
1
vote
2
answers
256
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How to get official confirmation if anyone has filled a police complaint against me or not
My wife has alleged that she made a police complaint against me in Germany for a false domestic violence case. Is there a way to find out if any complaint has truly been filed against me or not if I ...
3
votes
1
answer
507
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Does the renaming of the German 'ebay Kleinanzeigen' to 'Kleinanzeigen' mean they lose any trademark to their name?
So ebay Kleinanzeigen is a company that owns a website for classified ads. People can post classified ads there and search the website to buy things from classified ads. I suppose ebay has the exact ...
1
vote
1
answer
151
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To what is the judge in the Lina E. trial referring to by "deplorable deficiencies in recent trials of far-right extremists"?
It is in the news that there have been protests after the sentencing of Lina E for attacks on neo-Nazis. Wikipedia quoting this German language news article says:
Hans Schlüter-Staats, the Higher ...
2
votes
1
answer
87
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Legal Considerations for Offering Rewards in Exchange for Tenant Selection in Germany [closed]
My company and I are located in Germany and we intend to distribute flyers on the street. In the flyers, we offer a reward to those who are willing to rent out their homes in exchange for us being ...
3
votes
2
answers
291
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Copyright for Speeding Photo
If I get a ticket for speeding in Germany with a photo taken by an automatic camera, is there any copyright attached to that photo, or can I use it without asking the state for permission?
13
votes
1
answer
4k
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What is the idea behind German courts having both professional judges and lay judges?
In this wiki, it is mentioned that in trial courts there are both professional judges and lay judges involved. What is the basis behind this set up?
8
votes
3
answers
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Can a founder of a non-profit company in Germany (gGmbH) receive a salary?
Unlike a normal GmbH, a founder/partner (Gesellschafter) of a gemeinnützige GmbH (or a UG) may, according to the tax code, not receive any profits:
Die Mitglieder oder Gesellschafter (Mitglieder im ...
5
votes
4
answers
5k
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Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades?
In this post, it notes that art. 12(1) of the basic law (the constitution) says:
All Germans shall have the right freely to choose their occupation or profession, their place of work and their place ...
3
votes
1
answer
102
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What is the Irish equivalent of a German UG entity?
I am looking at some options for eventually starting a small business in Ireland (several years from now, I'm at a very early stage).
In Germany, from what I understand, there is an entity type called ...
0
votes
1
answer
89
views
Would returns from investing in stocks cause one to reach the tax barrier on a student visa?
As far as I understand, one can earn about 850ish euros per month (as of 2023) without tax on a student visa source. Also, I learned that investing while on a student visa as a non EU international is ...
1
vote
1
answer
185
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(Germany) Repairs at end of rental contract for pre-existing issues: who has burden of proof?
I recently moved to a new apartment, and cancelled the contract for my previous apartment where I had lived for several years. The contract for the old apartment had a three month notice period, so I ...
2
votes
1
answer
298
views
Are parents liable to prosecution as soon as they know that their child has stolen something?
In Germany, children up to the age of 14 are not liable to prosecution. What happens when a child steals a sweet in the supermarket and the parents don't notice at first? Only when they get home do ...
16
votes
4
answers
6k
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From what age may children walk home alone from an activity/sport in Germany?
In the UK, there are strict safeguarding rules for children. If a child is not picked up after school or an activity by their parents or caregivers, the teachers need to wait until they are picked up ...
3
votes
2
answers
152
views
Can a German declaration of division (Teliungserklärung) or community ordinance (Gemeinschaftsordnung) prohibit long-term rentals?
Consider an apartment block consisting of three equal units A, B, and C, located in Bavaria, Germany. At present, all are owner-occupied and the Community of Apartment Owners (...
3
votes
1
answer
183
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germany insurance company is asking for their referral bonus back after they said it is mine [closed]
I was wrongly transferred a referral bonus of 12k euros spanned across 10 transactions for a year starting Summer 2021 from my insurance company. I did not refer anyone however.
I reported the problem ...
2
votes
2
answers
140
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(Germany) Does a follow-up lease contract completely supersede the old one?
In the last three years or so I had to sign a new lease contract for the same place three times:
At the very beginning of the lease
When my girlfriend moved in
When I had to get an extension for 3 ...
0
votes
1
answer
100
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Do you need to give the source when making a "Privatkopie" (Germany)?
In Germany, when making a Privatkopie, for example by taking notes in digital form, do you need to include from which book the notes were taken, the author's name, ... if you are only going to ...
7
votes
1
answer
6k
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Are you allowed to solve an exercise from a book more than seven times?
In Germany, apparently, you are allowed to make a "Privatkopie" at most seven times. Are you allowed to write down an exercise on a device using a note taking app more than seven times?
Does ...
1
vote
2
answers
331
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Are you allowed to take notes on a book you bought with a note taking app?
Most books have something like "no part of this work may be copied" written on their first page.
Are you allowed to take notes on a book after you have purchased it with a note taking app, ...
22
votes
2
answers
10k
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How to transport a knife that falls under the Weapons Act
In Germany, there is a law (Weapons Act) that prohibits the carrying of a knife with a blade length of 12 cm. "Fixed knives with a blade length of more than 12 centimetres, any knives classified ...