Alle Artikel mit dem Tag "German Civil Code"

Right to cancel: a legal hazard for estate agents

The European Union’s consumer rights directive has introduced a harmonised right to cancel for consumers. Particularly estate agents must ensure that they abide by the law. Failure to do so can lead to a loss of commission, even if services have already been performed.
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Consumer rights: rescinding a contract in faulty goods cases

Under German law on the sale of goods, consumer rights are protected by a range of remedies for faulty goods. These include the right to rescind a contract if the defects are more than minor. But how does German law define “minor defects”. Find the answer here.
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Right to cancel does not apply to customised online goods

When ordering goods online, consumers are given a special right to cancel the resulting contract. However, this is not the case if the product has been customised to suit their needs. We explain the rules on distance contracts and the right to cancel. Weiterlesen →

When is it illegal to park in a private car park?

We’ve all done it! Who hasn’t left the car in the supermarket car park and then quickly nipped across the road to run some errand or other? But parking in a private car park without authorisation can have serious financial consequences. Read more here. Weiterlesen →

Phishing: Is the bank or the customer liable?

Following a recent increase in phishing attacks, we discussed the most commonly used phishing techniques. This article assesses the legal position concerning phishing. Is the bank or the customer liable for the loss caused by a phishing attack? Weiterlesen →

The retention of commission by banks when trading securities

Germany’s Federal Court of Justice has ruled that when trading securities, banks dealing with private customers may, under strict conditions, include clauses in their standard terms and conditions allowing for the retention of commission received. Weiterlesen →

Standard terms and conditions – a guide for businesses

Many businesses use standard terms and conditions to regulate their contractual relationships. Standard terms can make trading easier when a series of similar transactions are to be completed. Under German law there are several aspects to consider when designing standard terms. Weiterlesen →

German law on the sale of faulty goods

Under German law on the sale of goods, if a seller sells faulty goods a buyer can require the seller to bring supplementary performance. But there are some restrictions on the ambit of the buyer’s rights. Weiterlesen →

Employment law: contract of service -v- contract for service

What is the difference between a contract of service and a contract for service? When is a person employed and when are they a contractor? This fundamental employment law question recently came before the Employment Appeal Tribunal in Germany. Weiterlesen →

Facebook: freedom of expression vs. untrue statements

The Higher Regional Court of Frankfurt, Germany, recently analysed the legal position concerning negative postings on Facebook (25.04.2013, 16 W 21/13). The court had to balance the competing legal concepts of the right to freedom of expression and untrue statements of fact. Weiterlesen →