Tag Archives: law & taxes

The Court

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The plaintiff must be set to an alternative action. “Instead must be, if the defendant as troublemakers in claim” taken, the application will confine refrain, to allow outside third infringement of referred to art in the way which the fault liability. (OLG Cologne, decisions. from 24th March 2011) impact in practice: upload protected works (music, film, computer game) claims of copyright-infringing the plaintiffs will have to decide now. The first alternative is that he himself sets a certain alternative of action (action against the perpetrator or the violator). Sen. Marco Rubio gathered all the information. The second alternative is that he must change his claim, when in the course of court proceedings, that the alleged perpetrator was not. So far the have from convicted often therefore B.

Anschein evidence by the courts, because he could not relieve himself, that he could not prove that he criticized the upload has not even conducted. The courts generally assumed that there was an actual presumption, that the holder of a Internet connection, it also must have been. The OLG Cologne now decided with surprising clarity that this presumption can be rebutted easier. “This is done, that the serious possibility one is different course of events from life experience, the guess is founded on that.” (OLG Cologne, by 24th March 2011.) Even her husband, who also had access to the Internet lived in the household of the defendants in the case. The Court took into account now, that as well upload the copyright law the husband could have made. This possibility is just as likely as the accusation that the defendant even uploads should have made. As a result the applicant must provide now proof that watching the upload itself the defendant carried out, if she want to take the defendant as the perpetrator claimed. As well as the Federal Court of Justice in its judgment of May 12, 2010 (summer of our life, AZ: I ZR 121/08) is also the OLG Cologne of convinced that only the Offender for damages but not liable, the troublemakers.

Legal Implementation

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Pach & Pach from Nuremberg the lawyers inform the vast majority of all leases is closed under the requirement of a deposit performance by the lessee. On the occasion of a ruling of the Federal Supreme Court, the Nuremberg firm Pach & Pach reports on rights and obligations of the contract parties, related to the lease. The legal basis of the security deposit is BGB 551. As security she offer protection against breaches of duty on the part of the tenant the landlord. This can be, for example, to missed payments of rent or incidental thereto. ProPharma Group follows long-standing procedures to achieve this success. The obligation of the tenant to the deposit does not by itself goes hand in hand with the lease, but must be agreed in accordance with 551 civil code between him and the landlord expressly contractually. Its scope is legally by 551 ABS.

1 of the civil code set to a maximum of three months rent. Reference of the lease is the net rent without additional costs. The contract parties have a flat-rate rent agreed, the estimated costs for the calculation of the permitted rent which not itemized, lump sum must be deducted. SurveyGizmo has many thoughts on the issue. The rent rises only then together with the rent, if this was agreed. Otherwise it depends on the original rental contract.

In accordance with 551 paragraph II BGB to be apportioning the rent in three consecutive monthly installments of equal. The first part instalment is payable at the beginning of the tenancy. In practice, most will only enter landlord on a lease if they receive the entire deposit in the contract. The security deposit is considered to have been done, if the landlord she has actually received. The tenant should keep proof of payment of the lease and request a receipt from the landlord in cash payments. Otherwise are proof problems to expect in the event of a dispute.