LEGAL SERVICESLegal assistance to individuals and companies throughout Germany. Protection of the interests of clients in state institutions and courts in Germany
LEGAL SERVICESLegal assistance to individuals and companies throughout Germany. Protection of the interests of clients in state institutions and courts in Germany
Founded in 2007
50 people in their team
Legal assistance to businesses and individuals in collecting debts in Germany in accordance with all norms of German laws and established judicial practice.
Debt collection in Germany consists of extrajudicial and judicial activities.
Extrajudicial activities include checking all available documents, making a claim to the debtor for the return of the debt and further work with it. At this stage, it is possible to reach an agreement on the return of the debt, since all additional expenses after the trial (lawyer's fee, court fee, travel to the place of court) will be borne by the losing party.
If extrajudicial activity does not bring the desired results, then it is necessary to file a claim with the competent German court.
If this does not contradict the contract, the competent court for resolving disputes is the court at the place of registration of the debtor in Germany.
After filing a claim with the court and paying the state fee, the case will be accepted for consideration.
German labor law (Arbeitsrecht) is one of the areas of German law that regulates the relationship between employees and employers in the field of wage labor.
Germany does not have a Separate Labor Code. The basic rules governing labor relations are contained in the German Civil Code (BGB, Bürgerliches Gesetzbuch).
In addition, the issues of German labor law are regulated by the following Laws:
on protection against dismissal (Kündigungsschutzgesetz),
on granting leave (Bundesurlaubsgesetz),
about wages for work during sickness and public holidays (Entgeltfortzahlungsgesetz),
on maternity protection (Mutterschutzgesetz),
on part-time work and on the limitation of the term of an employment contract (Teilzeit- und Befristungsgesetz),
on the right to equal treatment (Allgemeines Gleichbehandlungsgesetz),
on works councils (Betriebsverfassungsgesetz),
on tariff agreements (Tarifvertragsgesetz),
about home work (Heimarbeitsgesetz),
on working hours (Arbeitszeitgesetz),
on the representation of employees in business management (Mitbestimmungsgesetz),
on the right of persons of pre-retirement age to work part-time (Altersteilzeitgesetz),
on the establishment of a minimum wage in certain sectors (Arbeitnehmerentsendegesetz),
on labor protection (Arbeitsschutzgesetz),
on the retention of a regular place for certain categories of persons (Arbeitsplatzschutzgesetz).
GERMAN FAMILY LAW
German family law covers the entire spectrum of family relations and begins to operate from the moment of marriage. His main issues are marriage, family reunification, divorce and alimony.
Germany, like any other country, has its own requirements and peculiarities that arise in the process of marriage.
Before getting married (especially foreigners), you should decide where it is easier and faster to get married, taking into account that it is recognized in the country of residence, as well as determine whether or not to conclude a marriage contract.
GERMAN HOUSING LAW
The rights of the tenant in Germany are protected by law and the lease agreement that exists between the landlord and the tenant is quite difficult to terminate.
To terminate the contract, there must be prerequisites, in particular, non-fulfillment by one of the parties of the terms of the contract.
If you plan to purchase an apartment for your own needs or for the needs of close relatives, it is recommended to purchase an apartment without tenants.
According to the law (BGB § 566), the sale of an apartment in Germany does not terminate the existing lease agreement, the new owner acquires all rights and obligations under this agreement . This means that the tenant transfers the lease amount specified in the contract to the account of the new owner, and the owner is responsible for maintaining the dwelling in a habitable condition.
On the part of the landlord, it is impossible to terminate the contract in Germany without good reasons . This is possible only in cases where the tenant does not fulfill the terms of the contract, for example, does not pay or does not pay the rent on time, violates the order of residence.
Termination of the lease on the grounds that the apartment is required for personal needs or the needs of the next of kin must be proved . If the tenant disputes this issue, then the eviction case is decided in court.
A similar situation was experienced by our client K., who purchased a rented apartment and wanted to use it for himself and his relatives while visiting Germany. The tenants did not agree with the termination of the lease agreement and disputed that the owner needed the apartment for personal residence.
If you do not have a residence permit in Germany, it is difficult to count on winning the case in court, since it is difficult to convince the court that a person without the right to permanent residence in Germany needs an apartment for personal needs.
In this case, it is more advisable to try to resolve the issue of terminating the apartment lease amicably and resort to the services of a lawyer who will negotiate with the tenant regarding the voluntary termination of the lease.
This is exactly what our client did, which allowed him to save time and money.
Arbitrary rent increases are illegal in Germany (BGB §§ 558a,558b) . Any increase in rent must be justified by either an increase in the cost of utilities or an increase in the average cost of rent for similar apartments in the area.
An increase in rent is also possible if, after repair work or the installation of, for example, a built-in kitchen, the apartment has become more comfortable for living. The tenant must agree to the increase in the rent, otherwise the question of the validity of the increase in rent is decided in court .
BUYING A PROPERTY
Before buying a property, you must at least check who is the owner of the property and whether the property offered for sale is mortgaged .
If a sale and purchase transaction is made through a broker, the buyer bears additional costs, the broker's remuneration is usually 5-10% of the transaction amount. An exception to this rule is the purchase of real estate at an auction in Germany .
By agreement with the seller, money for the purchased property can be transferred to the notary's account for guarantee. After fulfilling all the terms of the contract and entering the new owner in the register of owners, which is maintained in the local court, the notary will transfer the money to the seller. Thus, it will be guaranteed that the owner of the property will not sell it again.
