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. 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...
von Toby Kick | Okt. 18, 2018 | Court Hearings, Filing a Petition, German Statutes, Legal Costs, Pre-Trial, Settlements
Pros and Cons of Settling a Civil or Commercial Lawsuit under German Law German litigation lawyers as well as German judges love it when the parties of a civil dispute enter into a settlement agreement (called “Vergleichsvereinbarung” or simply ”Vergleich“). Why?...
von Toby Kick | Okt. 18, 2018 | Filing a Petition, German Statutes, Legal Costs, Pre-Trial
Everything you should know before hiring a trial (or any other) lawyer in Germany First of all: German civil law is a codified system (more here). This means that pretty much everything you can think of as being relevant for a client-lawyer relationship is regulated...