Civil Law

Basic Utilities May Not Turn Customers Off

2008-11-06T23:54:05+01:00

Basic Utilities May Not Turn Customers Off

It is not unlikely that your natural gas or electricity provider will want to raise his fees. This often happens at the turn of a year. This article will explore, what you can do against this.

Burden of Proof Written Form

2008-11-06T23:54:38+01:00

Burden of Proof Written Form

Whenever signing something, the flow of your signature is surely not as straight as when printing it. But exactly what qualifies as a signature? Does a capital M and a scribbled wave afterwards already suffice? The BGH had to decide on November 15, 2006 (IV ZR 122/05) on a case in which a person signed with only one letter and the remaining part of the “signature” was only the abbreviation of a name.

Child's Last Name from a Mother with Unclear ID

2009-02-06T11:28:53+01:00

Child's Last Name from a Mother with Unclear ID

This article will discuss problems of issuing a birth certificate for children born to those asylum seekers having an identity problem.

Congratulations! You won! BGH Curbs Con Men with Fabricated Sweepstakes

2009-09-08T13:10:41+02:00

Congratulations! You won! BGH Curbs Con Men with Fabricated Sweepstakes

This article will show you how BGH is cleaning up on con men and crooks in (online) businesses with its judgment of May 30, 2008 (re 1 StR 166/07).

Cost Traps in the Internet

2010-04-29T16:05:06+02:00

Cost Traps in the Internet

Can you engage in a contract when a website never tells you that the service or product you want is for pay (so called subscription traps, "Abo-Fallen")? Certainly not. Such is the decision of OLG Frankfurt a.M. of December 4, 2008 (re 6 U 186/07).

Direct Debit: Not Promptly Contested often Implies Permission

2011-06-18T05:45:57+02:00

Direct Debit: Not Promptly Contested often Implies Permission

It goes without saying that permitted direct debits cannot be reimbursed. Permission to directly access one account can be given expressly or by implication. And when has an implied permission been given? The Federal Court of Justice answered this question on March 1, 2011 (re XI ZR 320/09).

Faulty Notebook - How often to Repair?

2010-11-06T19:04:32+01:00

Faulty Notebook - How often to Repair?

When your "one and only" is broken what's living worth? When your notebook has to "constantly" brought to repair, you will be surely doubting on the vendor's competency. Latest when you loose your trust, you will want a new one or your money back. But how many times can the vendor demand to repair and not exchange the broken notebook? Read what AG Munich said in its verdict of February 24, 2010 (re 233 C 30299/09).

Full Performance Stops Enforcement

2008-11-06T23:58:22+01:00

Full Performance Stops Enforcement

It is never pleasant to receive invoices, but it is much worse to have paid and still be subject to enforcement.

Grading a Defect as Minor

2009-01-19T15:20:04+01:00

Grading a Defect as Minor

Minor defects in used objects hinder withdrawal from a contract -- no question (§323 V BGB). The BGH (Judgment of November 11, 2008, re VIII ZR 166/07) had to determine when moisture in a used car is such a significant defect that it would justify a withdrawal from a sales contract ("insignificant breach of duties").

Guarantee vs. Warranty

2008-11-07T00:00:13+01:00

Guarantee vs. Warranty

After installing a new component into your computer don’t believe the technician if he wants to tell you that you cannot reclaim a defect anymore. You bought yourself an extra hard disk for your new computer. Before opening the case, you saw that it was sealed. The seal read that you would loose any guarantee upon breaking the seal. Disregarding this warning, while opening the case, you broke the seal. Later after noticing a defect on the sound card, you returned this apparatus to the vendor only to learn that he will not repair under guarantee rules because you broke the seal. Can this be?