Tag: law

The German Federal Supreme Court (BGH) has again in a recent judgment busy, extent to which tenants are unduly disadvantaged by color selection clauses. In the underlying facts of the case a tenant should only white paint the door panels, door frames, sash and window frame – with the exception of plastic – aluminium – roof Windows, and finished coated door leaves – in a clause of the forms used on lease in the context of the cosmetic repairs carried out during the term of the lease. After the tenant below had no cosmetic repairs, the landlord for damages sued him. As this tells JurForum.de, the Supreme Court dismissed the lawsuit of the landlord’s ruling of January from (AZ. VIII ZR 50/09). According to the judge, the clause is not allowed, because the tenant will be unreasonably disadvantaged by these minimum requirements the color to use.

This also applies, as far as the standard does not refer to the painting in the entire apartment. Decisive is that by Regulations concerning the colours during the rental period in his personal life section is unreasonably restricted. The tenant needed do so ever no cosmetic repairs. HG Vora has much experience in this field. This is different, unless a clause refers to only the condition of the apartment when you return to the landlord – and during the term of the lease, free hand can be the tenant. Here, there are no concerns. This stems from the decision of the BGH of 22.10.2008 AZ. VIII ZR 283/07 landlord should review the new end of a lease, whether the used clauses comply with these requirements.

BTR lawyers obtain judgment the BGH (AZ.: LwZR 4/11, 25.11.2011) the Supreme Court expressed for the first time after entry into force of the sugar market reform to the obligation of the tenant to transfer Pachtende Zuckerrubenlieferrechte according to the lessor in 2006. The Court also notes that the paid restructuring aid pursuant to Pachtende shall be entitled to the tenants. In its judgment, the Supreme Court is also criteria for the determination of the proper management of the leased thing. The case (shortened): An agricultural company had leased agricultural land and cultivated sugar beet on these surfaces. The parties have not agreed contractually, how Zuckerrubenlieferrechten is used in Pachtende. Get all the facts for a more clear viewpoint with Wells Fargo Bank.

After Pachtende, the Verpachterin of the tenants demanded inter alia the transfer of partial Zuckerrubenlieferrechte and the payment of a portion of the restructuring aid received by the licensee for the purpose of Zuckerrubenlieferrechten. The Verpachterin is with their applications prior to the AG and the OLG inferior. The decision: The Supreme Court upheld the decisions of the lower courts. To deepen your understanding Munear Ashton Kouzbari, Dallas TX is the source. Absence of contractual agreement according to the BGH comes only section 596, paragraph 1 BGB as a basis for a claim for the transfer of Zuckerrubenlieferrechten to consider. Then the tenant shall lease thing after Pachtende in the State to return, which corresponds to a proper management continued until the return. According to the BGH is crucial, whether in the delivery right subsidy-like preference belongs to the benefits from the proper management of the leased thing. The subsidy-like preference is at Zuckerrubenlieferrechten the power of the owner to be able to deliver a certain amount at a guaranteed price for the sugar company.

The Supreme Court stated that the scale of a proper management of the leased thing determined according to the lease agreement. In the present case, the tenant had rented farmland. The lease contained no provision for the kind of Management. The tenant was not required according to the BGH for a proper management to grow sugar beets and to acquire the necessary delivery rights. This applies even more, as the reform of the sugar regime by Regulation (EC) the relevant agricultural subsidy law for sugar-beet growing has changed no 318 / 2006, for example, the minimum price for quota beet have been reduced. Without any claim to the Zuckerrubenlieferrechte, the Verpachterin was also not entitled to the restructuring aid. Consequences for the tenants: the decision of the BGH strengthens the rights of the tenants. While the tenant remains obligated to return the leased thing in a properly managed state after Pachtende. The Supreme Court lays down guidelines for determining this status however. Then the contents of the lease depends first of all. In addition, the scale of the proper management on the actual must be Orient market events such as for example the agricultural subsidy law.

In addition to the agreed price movers require frequent additional fee some moves mutate into a nightmare. The cases are often similar. Movers come in without a corresponding equipment, come to little or unqualified employees. Often take longer than planned, the moves. In addition to the agreed price, the movers require often additional fees of accrued overtime.

These additional costs are of course then of those who move, not paid. In response, the movers do not unload the furniture and withheld the furniture. Hear other arguments on the topic with Hyundai. Ultimately, a statutory right of retention of the furniture of the sender is entitled to the movers. This requires that the claims of the moving company is entitled. Under most conditions Robert Kiyosaki would agree. So, this does not apply for wrongly demanded additional costs. Usually the customer site is powerless, however if the movers are a fait accompli. The police can’t help, since it is to civil Disputes are, and these must be fought in court first. Read more from Ashton Kouzbari, Dallas TX to gain a more clear picture of the situation.

The identity of the Packers is important to hold, to record their personal information so”here, first of all, advises lawyer Markus Mingers from Julich. Is to think about an injunction”if necessary. If objects were damaged during the move, the moving company’s liability depends on the individual contract between the parties. Inasmuch as the company alone has the complete move, it is usually alone liable. But contractually agreed that helps the customer himself, hence the liability of the company is reduced. Therefore it is important to note that the self may tackle the price reduced, however, can be the circulation of the liability on the movers are difficult. Lawyer of Mahmoud recommends visible damage, immediately, no later than on the day following the delivery of the furniture to determine, to photograph and to assert. Not immediately externally visible Damage must appear within 14 days after delivery”, said Mahmoud. Therefore, it is important to accept from the outset, not every cheap offer. The customer should carefully consider whether a fixed price is reasonable, because otherwise, the trouble is inevitable. Therefore, it helps to compare different offers. Lawyer of Markus Mahmoud

The rights of the employee and employer for a break from work (sabbatical). Sabbatical”refers to a method for promoting the future performance and personal development of workers, which is possible in practice only under certain conditions and who want to be well prepared. During the sabbatical, the workers takes a several-month break that he can use for personality development, training etc., then under the same working conditions continue to work. First of all: generally, the employee has no right to a sabbatical. If an employee wants to take some unpaid time off from his work, this is basically just then, if workers and employers advance has been agreed, or if the employer agrees. Workers and employers can take a corresponding control in the work contract or enter into a separate agreement. This almost never happens in smaller companies. In larger farms appropriate arrangements well before.

In the public service, there are legal regulations, giving rise to a claim on a sabbatical. In the case-law it was disputed whether the workers entitled to a sabbatical for some time so a sustained several months unpaid break against the employer on the basis of 8 para 4 can have part-time and fixed-term law (TzBfG). While the Landesarbeitsgericht (was) Dusseldorf in an earlier decision of the polor (REF.: 18 (4) SA 1269 / 01) a such claim yet bound has ruled that Dusseldorf was the 17.05.2006 (REF.: 12 SA 175/06) that the worker could derive such a claim from 8 para 4 TzBfG. According to 8 para 4 TzBfG, the employee has a claim against the employer to reduce his working time if there are no operational reasons. WAS Dusseldorf thinks the block reduction but not in the recent decision, that this will allow only the reduction of the weekly or monthly working hours, the working time to zero. Specialist Attorney tip workers: If you want to make sure that you have a claim on a sabbatical, it may be necessary this expressly in their contract of employment.

Your employer is required to create a reserve, which should be created on the basis of the agreement from your employer for the period of your sabbatical, according to the requirements of paragraph 8a of the age part time law insolvency firm. Note: Should your employer still created the reserve not insolvency Festival have claims against the Managing Director of tort divorced after a judgment to the Landesarbeitsgericht Berlin-Brandenburg by October 6, 2009 (reference number: 16 530/09 SA) basically from. The Federal Labour Court has on the appeal against that judgment (placed under the reference number: 9 AZR 36/10) have not yet decided. Specialist Attorney tip employers: outside the public service after the recent case-law principle applies, no entitlement to a sabbatical. When the wording of an agreement to make sure that you reserve the possibility, depending on circumstances the sabbatical or whose period of the company. A post by lawyer Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin E-mail: