von Toby Kick | Okt. 24, 2018 | Appeals, Filing a Petition, German Statutes, Pre-Trial, Top Interest
At which Court to file a civil or commercial lawsuit in Germany In case you need to litigate in Germany, one of the first tasks is to know your way around German Civil Courts (ordentliche Gerichte). The below chart shows you at one glance which is the correct civil...
von Toby Kick | Okt. 23, 2018 | Filing a Petition, German Statutes, Legal Costs, Top Interest
Statutes and regulations you should be aware of in case you plan to file a lawsuit in Germany German civil law is based on the tradition of Roman law and is characterized by its codified system of legal provisions, i.e. statutes (Gesetze). This means that pretty much...
von Toby Kick | Okt. 23, 2018 | Court Hearings, Filing a Petition, German Statutes, Legal Costs, Taking Evidence, Top Interest
Short guide to contentious probate procedure under German law German succession laws as well as probate procedure are very different from those of Common Law jurisdictions. This is mainly due to the fact that German inheritance law does not know a personal...
von Toby Kick | Okt. 22, 2018 | Filing a Petition, German Statutes, Legal Costs, Pre-Trial, Top Interest
U.S. Plaintiffs must post security for the other party’s legal costs when suing in Germany The German Code of Civil Procedure (Zivilprozessordnung) rules in section 110, that any claimant (plaintiff) from outside the European Union (EU) or the European Economic Area...
von Toby Kick | Okt. 22, 2018 | German Statutes, Settlements, Taking Evidence
What are the Rules of Evidence in Germany? In a German civil lawsuit, a relevant fact must be proven by the claimant, or more precisely by the party bearing the burden of proof, if the defendant disputes the alleged fact to be true. For details on who bears the burden...
von Toby Kick | Okt. 18, 2018 | Filing a Petition, German Statutes, Legal Costs, Pre-Trial, Settlements, Top Interest
What are the rules regarding pre-action conduct before litigation in Germany? Let’s be blunt: There aren’t any! The German Code of Civil Procedure (Zivilprozessordnung, ZPO) does not impose any specific pre-action requirements on the parties or their legal...
