von Toby Kick | Nov. 6, 2018 | Filing a Petition, German Statutes, Settlements, Top Interest
Threatening someone to press criminal charges in Germany: Smart strategy or criminal offense? Does German law permit claimants (or their lawyers) to threaten a debtor with pressing criminal charges against the debtor in case he or she refuses to pay a civil claim?...
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...
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?...
