Questions tagged [germany]
Jurisdiction of Germany.
525
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How to found SPE that does not have to be consolidated by IFRS 10 and SIC 12?
The title should say it all, I believe I generally understand the construct of SPEs that aim to keep certain assets off-balance. However, I wonder how to construct such a SPE in a way it actually ...
0
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1
answer
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Does a company in Germany have to report to an employee on accumulated overtime?
A company has a time tracking system that just tracks billable hours for customers. Sick leave and public holidays are not automatically tracked or calculated for time tracking purposes. If an ...
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2
answers
124
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Hotlinking img as profile picture
I have an img on my website which is used as the profile picture of the user.
It is embedded as <img src="${Hotlink}".
The user can specify an URL and that is used as his profile picture.
...
1
vote
1
answer
136
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Is an email legally binding for a governmental job confirmation in Germany?
Here is an excerpt from the email:
es ist mir eine große Freude, Ihnen heute mitzuteilen, dass Ihre Bewerbung XXX erfolgreich war. Wir möchten Sie gerne zum nächstmöglichen Datum einstellen. Der ...
1
vote
1
answer
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Deregistration in Germany and exceptions for registration
German laws (Section 27, (2)) state that if I move from some apartment where I was registered to another apartment for a period of less than 6 months, then I should not register at the new one.
Now, ...
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1
answer
60
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About deregistration in Germany
I am a non-EU citizen and live in Germany. My rental contract in Germany expires on the 1st of September, and then I leave Germany. My German residence permit expires on the 30th of September. For ...
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3
answers
117
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Former Diplomats with Running Statute of Limitation and Persona Non Grata Status when entering a Country
Let's assume the small country of Ruritania has a diplomat, Alice. While being delegated to Germany, she makes some rather bad remarks about the holocaust and is only shielded from being prosecuted ...
4
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0
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In Berlin, Germany, does any rental-price limit apply to fixed-term rental contracts?
A few laws are currently in place in Berlin Germany to limit the maximum monthly price for rental contracts. One such law is the Mietpreisbremse. However it does not always apply: one of the ...
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1
answer
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Within Germany/EU is an electronic signature enough to confirm participation in a VSOP program
Virtual Share Option Plan
See https://ledgy.com/guides/vsop for details on what a VSOP is.
My question is not specifically about VSOP but about the signature requirements for confirming participation. ...
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2
answers
199
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is exclusion in the Mensa considered bullying at a university in Germany
I am a student of a German university.
I have been going to the Mensa (canteen) with a group of colleagues (other students) for a long time. Then some of them told that they don't want to come with me ...
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1
answer
174
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Is it still illegal to compare things to the Holocaust if they actually are?
In Germany it is broadly illegal to compare things to the Holocaust. It's seen as a form of Holocaust denial by trivialization.
Would this still be the case if the other thing actually was like the ...
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Value of electronic hand-written signature
It becomes increasingly popular to sign documents on electronic displays, either with your finger or a special pen.
Say, someone (call him John) claims they signed a document at your shop, but this ...
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3
answers
6k
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Has Article 5 of the German Constitution any influence on me as a PhD student in Germany?
Article 5 of the German Consitution says:
(3) Arts and sciences, research and teaching shall be free.
(3) Kunst und Wissenschaft, Forschung und Lehre sind frei.
Even the Federal President Frank ...
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1
answer
168
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How many lawyers can one defendant have?
In the large-scale lawsuit against alleged "Reichsbürger" in Germany, it is reported that each defendant has 2 to 4 lawyers. Obviously, that complicates things not only for the accused, but ...
15
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4
answers
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Can a salary be reduced?
My company is restructuring positions and salary ranges, and they are informing people about their new salaries (sometimes 20% lower than their current salaries).
Is it legal for the employer to lower ...
2
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1
answer
145
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In a furnished apartment: Are tenants or landlords responsible for upkeep/replacement of large appliances? (Germany specific)
Location: Berlin, Germany
Situation: 8 years lived in flat, 5 as contract holder. Provided furnished. Contract renewed every 1 or 2 years.
Landlords live on another continent, only visit x1 or x2 per ...
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0
answers
43
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How to calculate per-diem rates for an Employee of a German company who works at home in Austria and travels to Germany for two weeks
The per-diem rates listed here
https://www.bundesfinanzministerium.de/Content/DE/Downloads/BMF_Schreiben/Steuerarten/Lohnsteuer/2023-11-21-steuerliche-behandlung-reisekosten-reisekostenverguetungen-...
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1
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121
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Appropriate insult under law [closed]
Some countries have laws against insults. However the insult is not illegal if it is a direct response to a similar insult or a response to some publicly available information.
Recently a professor at ...
1
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2
answers
122
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What are the supply duties of the government for mandatory schooling?
I'm mostly interested in the German jurisdiction but other countries are interesting as well. For all children attending school is mandatory, in Germany this is regulated by states (here is an example ...
2
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1
answer
372
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When does a "resemblance" become a banned Nazi symbol?
It is in the news that
Adidas has banned football fans from buying German football kits customised with the number 44, after media raised their resemblance to the symbol used by World War Two-era ...
2
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1
answer
225
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Is Berliner Sparkasse's request for the list of all members of "Jewish Voice for a Just Peace" lawful?
Novara media published an article titled "Germany Is Seizing Jews’ Money Again
It’s fine, they’re pro-Palestine" by James Jackson
The bank [Berliner Sparkasse] demanded a list of the names ...
0
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1
answer
196
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"Malen nach Zahlen" legally protected in Germany?
Quoting from a German wikipedia article about "Malen nach Zahlen" (or also called "painting by numbers"):
Malen nach Zahlen ist eine Wortmarke der Ravensburger AG und des
...
4
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1
answer
190
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Which income is relevant for day-fines in German law?
For a number of minor crimes several European countries use a system of day-fines where the fine you have to pay is a number of days decided after the crime and a per-day-value which is based on your ...
4
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3
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Repercussions from hitting protesters blocking highways
From “What power do I have as a driver if my interstate route is blocked by a protest?”, I understand that intentionally hitting protesters who block the road is considered “Vehicular Misdemeanour”. ...
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9
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Would vehicle insurance be valid if someone else, other than the person whose name the insurance is under, drives it?
Suppose I buy a car and I take insurance on it under my name. I let my friend drive, and he gets into an accident. Would I be able to file for insurance?
1
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1
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What is the basis of the 'Genocide' complicity lawsuit against Scholz in Germany?
Al Jazeera has covered a legal action initiated in Germany, where attorneys have filed a lawsuit against Chancellor Scholz, accusing him of being complicit in what they term the 'genocide' in Gaza: ...
2
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2
answers
141
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What is the definition of "Wohnung" in german law?
I live in a room of the house of an old lady, and here I am not allowed to use the kitchen. During certain days I can use the shower and washing machine. However, still I got a "...
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1
answer
52
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Use Google API with an easy Cookie banner (notice) in germany / EU?
I plan to use a Google API interface for my web shop (Germany) to optimize transport costs for customers (API request on the google server for every price calculation).
The API interface would then be ...
9
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1
answer
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What legal rights does a German landlord have over you if you stop paying rent?
Follow up to this question. Suppose a tenant were to write to the landlord that due to XYZ reasons, that they will reduce the rent they pay by X amount.
What is the legality of this exactly? Couldn't ...
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4
answers
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Couldn't the landlord just say the Thermometer doesn't work when confronted with the temperature being too low?
In Germany, from what I understand, when the temperature in apartment falls below a tolerable amount, then the renter can request the landlord for a rent reduction.
This happend to me, and I got a ...
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4
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Niederlassungserlaubnis vs Citizenship vs Passport in Germany
From the case of US, I understand that nationals are not the same as citizens. That is, a person who is allowed to stay permenantly in a place may not receive a passport.
Recently Germany passed a new ...
1
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3
answers
285
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Who is responsible for damage in a furnished apartment?
Suppose one lives in a furnished apartment, and after some time of living in it, damage comes up of normal wear and tear, then would the renter be liable for this, or would it be up to the landlord?
2
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0
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Would it be in violation of student visa to spend a substantial amount of time and make profits from stocks?
Follow up to this question. As far as I know, one cannot do freelance work while on a student visa. So, for example, I cannot do something like hair cutting or drawing on commission, while in country.
...
2
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1
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144
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Is it legal to keep garbage in any waste basket ? (Assuming properly sorted)
Follow up to this question, since there are fines to putting incorrectly sorted garbage into the dumpster, would it also be that it's illegal to throw waste in someone else's dumpster?
4
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4
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377
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Is it legal for the landlord to order me to provide the keys to them, if I am to go to abroad?
I am renting a room in the house of an old lady. She told me that, if I am to leave more than seven days from the place where I live, then I must hand her down the keys. Is this legal?
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2
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German Online Law [closed]
Since moving to Germany you're always faced with stories of fees to pay upon internet usage (streaming movies, z-library, google adblocker add-on, VPN add-on etc.) what's the punishable acts online in ...
2
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2
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362
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Is there any legal repercussions of separating the garbage incorrectly in Germany?
To me, it is not often very clear what type of garbage goes in what bin in Germany. And, often there is no online guide or something that can say where goes which, because the garbage separation rules ...
4
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1
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Is the law about renters being able to pay deposit in three parts in Germany, useless?
In Germany, it is by law that one should be able to pay the deposit amount in installements of three months, and that it should be no higher than three months of rent. refer
While searching for a ...
15
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3
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5k
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Is it illegal to pick up items with deposit [Pfand] on the street in Germany?
Many bottled products in Germany have a property that you can get back money when you return the bottle to the supermarket (Pfand). I often notice bundles of glass bottles hanging around in the street....
3
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1
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208
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How long after moving out from an apartment do I have to deregister with Bürgersamt in Germany?
Let's suppose I move out of an apartment, how long do I have to deregister the apartment in Germany?
5
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2
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Can I record only my side of a phone conversation, or can I transcribe the entire conversation without recording it?
It is "common knowledge" that you cannot just record a telephone call without the agreement of the other party.
What about:
Recording only your own voice during the call?
Using speech-to-...
2
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1
answer
307
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Accidental intrusion into military airspace
Welcome to Germany, where we have Military installations designated as "Militärischer Sperrbezirk" (MSB), that are closed to the public. For example, a shooting range or training ground is ...
0
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1
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162
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Can Microsoft be held responsible for printers missing after a software update?
I want to learn about software liability but most articles on the internet are very generic. So I am asking this specific question to learn by example.
Let's assume after a Windows update printers are ...
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1
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Can a company in Germany lets its employee to work some months from iran remotely? [closed]
As an Iranian,I am trying to get an stable, trustable job from Germany,and move there. but i want to work for some months remotely from iran. Due to some problems i cant completely leave home.
I had a ...
0
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1
answer
97
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Can the landlord require the final inspection to be earlier than the end of the lease?
A friend of mine cancelled his rental agreement recently. The last day of the agreement will be the end of this year, so 2023-12-31. He actually wanted to move out mid december and make an appointment ...
2
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2
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351
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Is it illegal to act against the parents' wishes when taking care of a minor?
When taking care of a minor with permission of the parents, what is the legal force of any rules the parents set?
For example, if I look after someone's child, and they tell me the child may not ...
0
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1
answer
69
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Germany GmbH shareholder living in another EU country
When an EU citizen who is holding shares of a GmbH decides to move to another EU country, what are his obligations to the tax office and the state?
0
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1
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241
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Taking out stitches - who is allowed to do that in Germany?
My mom had a surgery on her wrist after she broke it and has some stitches that have to be taken out soon.
Last time I had a surgery our doctor (regular doctor, not the one who did the surgery, in ...
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0
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57
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UPS Germany delaying payment indefinitely
UPS charged me a brokerage fee when I shipped a parcel from England to Germany. It was a huge amount (113.29 euros) and didn't make sense since my parcel should not have been charged any customs fee. ...
2
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3
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163
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How long is the notice period by the landlord for a furnished room in an apartment in the same house as the landlord?
Details:
The tenant is single.
The tenant cannot enter the landlord's apartment.
The landlord owns the entire house.
The agreement was verbal
The apartment has two rooms, but only one is rented ...