von Toby Kick | Mai 21, 2019 | Filing a Petition, German Statutes, Top Interest
What is an „Unterlassungsklage“? If you start a business in Germany, it is hard to avoid being taken to court by a competitor who files a German cease and desist order lawsuit against you in order to tell you what you are allowed to do and what you are...
von Toby Kick | Mai 16, 2019 | German Statutes, Pre-Trial, Taking Evidence, Top Interest
Can German patients demand a complete copy of their medical file? They certainly can. The German Civil Code contains an entire chapter on medical treatment and patient rights. Section 630g German Civil Code regulates that a patient has the right to demand to...
von Toby Kick | Feb. 26, 2019 | Filing a Petition, German Statutes, Legal Costs, Top Interest
Avoid the #1 Litigation Blunder: Incomplete or incorrectly spelled Company Names of German Defendants In corporate litigation, there can be no “close enough” approach when it comes to the designation of the Plaintiff or Defendant. A litigation lawyer who sues a German...
von Toby Kick | Feb. 18, 2019 | Court Hearings, German Statutes, Taking Evidence, Top Interest
May a Witness in German Civil Litigation refuse to give Testimony? Under German Rules of Civil Procedure, any natural person, including minors, can be named as a witness (Zeuge) by a party to a civil procedure. The civil court then decides on whether and to what...
von Toby Kick | Feb. 18, 2019 | Court Hearings, German Statutes, Taking Evidence, Top Interest
German Civil Court Judges rarely put a Witness under Oath Section 154 German Penal Code (Strafgesetzbuch) is titled „Meineid“, which is the German word for perjury, i.e. lying under oath to certain German authorities, either in a German court of law...
von Toby Kick | Feb. 15, 2019 | Filing a Petition, German Statutes, Settlements, Top Interest
Checklist for (uncontested or contested) Divorce Proceedings in Germany The German statutes dealing with the divorce of a marriage and the substantive requirements for the same are s. 1564 to 1568 German Civil Code (Bürgerliches Gesetzbuch, BGB). The specific civil...