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Germany Legal Questions answered by Lawyers

Browse our 6 legal questions in Germany and read the lawyer answers, or ask your own questions for free.

Can I legally terminate a fixed-term service contract early without penalties in Germany?
Corporate & Commercial Contract
I signed a 12-month IT support contract with a German company. They want a termination fee if I cancel after six months. Is such an early-termination clause enforceable under German law, and what options do I have to challenge or negotiate it?
Lawyer answer by YILMAN HUKUK BÜROSU

Nach deutschem Schuldrecht handelt es sich bei einem IT-Support-Vertrag in der Regel um einen Dienstvertrag gemäß § 611 BGB. Bei einer festen Laufzeit von 12 Monaten ist eine ordentliche Kündigung vor Ablauf der Befristung grundsätzlich ausgeschlossen. Allerdings unterliegt die Wirksamkeit...

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What duties do German company directors owe when approving related‑party transactions?
Corporate & Commercial Corporate Governance
As a board member of a GmbH in Germany, I'm reviewing a large contract from a related party. I'm concerned about conflicts of interest and compliance with the German Corporate Governance Code. What steps are required to document the conflict, obtain proper approvals, and manage potential liability?
Lawyer answer by Streiff Law - your International Business Law firm from Berlin

In the board resolution document you need to protocol your objection and potential dissenting vote. Proper approvals depend on the board statutes and the company bylaws. Liability may also be mitigated with a D&O insurance. For further questions please send...

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How I do I file annulment.
Family
Since 2021 February. I separated with my wife. I’m currently working here in Germany with residence working permit.
Lawyer answer by DIVORTIA law firm UG (limited liability)

Dear Sir, If you have been living apart since 2021, you can file for divorce, as the year of separation has expired. In principle, one of you must hire a solicitor to file for divorce. As issues such as maintenance...

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Germany Legal Articles

Browse our 1 legal article in Germany with practical legal information.

Wrongful Dismissal in Germany: What to Do After Being Fired
Employment & Labor
Most employees in Germany enjoy strong statutory protection, especially against unfair dismissal, under laws like the Civil Code (BGB) and Protection Against Dismissal Act (KSchG). You usually must act very fast after receiving a termination: you have only 3 weeks to file a claim at the labor court (Arbeitsgericht). Written... Read more →

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