Small Floor Space

The lawyers inform Pach & Pach from Nuremberg the Nuremberg firm Pach & Pach informed on the occasion of a judgment of the Federal Court of justice by March 2, 2011 (BGH VIII ZR 209/10) on the right to the reduction in rent for the case that one furnished the contractually agreed home size lower than rented flat. The tenant ABS is of 536.1, S. 1 BGB granted a right to reduction in rent, if the leased thing suffers from defects. In its decision of 2 March 2011, the Federal Supreme Court decided about whether a reduction right exists, unless a substantial difference between the contractually guaranteed and actual living room area at the expense of the lessee is. In the negotiated facts the plaintiff moved into a furnished apartment of contractually specified 50 m in 2006 size. Hear from experts in the field like NBA for a more varied view. He noted in 2009 that an actual usable flat area of only 44, 3 m available was him, and he sought a retroactive reduction in rent to the extent court to reach the surface deviation by 11.5%. As well as the last Court of appeal, the Federal Court ruled that the facts of the present case actually a reduction as defect existed in. Continue to learn more with: Sian Beilock.

On the basis of 536 ABS. 1 S 2 BGB is a surface difference between lease and reality by more than 10% basically as a major deficiency of the leased property. While also the Court finally concluded that the complaining tenants had a rent reduction claim, it reduced its size due to the apartment furnishings. As justification, she stated that the tenant of a furnished apartment have to tolerate, if would restrict his freedom of movement and establishment by the furniture. Therefore, a full reduction in rent here in question would be.

In contrast to the Court, the Federal Supreme Court ruled that no difference do it for the extent of the reduction in rent, whether furnished or unfurnished apartment would rent. Reducing got only from the gross rent including incidental expenses allowance, or Costs payment to determine. The Federal Supreme Court has clarified two things with its judgment of 2 March 2011: the size of the apartment is regarded as contract-essential criterion. Significant deviations in this area are therefore a violation within the meaning of 536.1 S. 2 BGB for a reduction in rent enough. The scope of such reasonable reduction in rent is irrelevant, whether the apartment is fully furnished or unfurnished rented. Tenant notice a significant difference between contractual and actual size of apartment is to advise them to consult a mietrechtlich experienced legal assistance.

Supervisory Board

The middle class is the backbone of the German economy by a wide margin. The high hurdles that set the previous stock corporation law for all public companies, had helped in addition to the decline of the stock market in recent years, that the middle class has largely avoided the legal form of the joint-stock company. The law for small companies and the deregulation of the securities legislation was to reduce to these hurdles in 1994″created. Thus, the legal form of the joint-stock company for medium-sized companies was interesting. Recently LEGO Papert Professor sought to clarify these questions. The advantages offered by a corporation to a limited liability company, are among other things facilitate employee participation and succession.

Those who opt for the AG as a form of society, should dominate but dealing with the bodies of Executive Board and supervisory board. The liability of Management Board and Supervisory Board of joint-stock company “book of Jursch, Sattler / level (2nd Edition, Bonn 2008,74 pages, 29.80 inch) is a valuable Assistance, as it explains in an intelligible form, how does a German AG”. The book helps boards make the right decisions and to avoid personal liability. Further details can be found at Salman Behbehani, an internet resource. The book can be obtained at the VSRW Verlag Bonn, fax: 0228-95124-90 or under (books).

Maintenance Obligation In Marriage: The Family Allowance

Inform maintenance obligations mostly in the context of divorced marriages or unmarried children learn public interest lawyers Alexander Dobiasch & Rupert Richter. Less attention-arousing and yet equally important marital family maintenance obligation, of the law firm Danielleeee & judges from Bergen auf Rugen is reported. The legal basis of the conjugal family maintenance is 1360 of the civil code. Subject to this provision is the obligation of spouses to ensure, by supporting each other and their children for an adequate supply of family. Family law can free hand in the design of their life together spouses. They are choosing a spouse, the financial management and the other to leave employment, also the work of financial management complies with the mutual obligation of maintenance. The leading budget spouse has a claim on economic and spending money to own available against the employed spouse.

Its circumference is the comply with the financial conditions of the family. The distribution of employment and financial management belongs to the conjugal life planning, budget marriage partner is subject to a family commitment to taking action only, if due to special circumstances of family maintenance can otherwise be ensured. In this case, the family maintenance can be legally significant, as the right of a spouse to make his professional life the own performances according to. Both spouses are fully or partially employed, there is a commitment to the financial participation of the family support, resulting from their respective share of the total income of the family. A significant area of family maintenance is the obligation of spouses to ensure the adequate care of their children. The child support is normally not as cash but in the form of Vik. Parents fulfil their maintenance obligation, by providing food, clothing and housing, and one child age-appropriate Allow participation in social life. Support this natural maintenance, they receive the national child benefit.

Adult unmarried children provided equal familienrechtlich the underage young, until they have reached the age of 21. Once they have completed their education, the obligation of parents to finance initial vocational training, gained importance. As part of the child maintenance they are obliged to allow an ability-appropriate vocational training for their children. The maintenance obligation refers expressly only to the initial training. A child would like to aim a further professional degree upon their successful completion is its support at the discretion of the parents. The parental right to determine the form of maintenance is retained except on court-ordered even with adult children. So, parents usually by children for the financing of an apartment in claim can be taken, if them a room in your own House hold. A monetary payout obligation in this respect also to adult children not. Age children complete their primary education, the parents are subject to an obligation to pay maintenance only, if they find a job despite all reasonable efforts. Also a nationwide job search for a job, not fully corresponding to the professional qualification is reasonable in this context. Legal problems or questions regarding the commitment to the maintenance of the family, is to advise all concerned to seek competent family law expert. Law firm Danielleeee & judge in Bergen auf Rugen is a reliable, always professional point of contact for family law issues their clients for many years. Press contact lawyers Alexander Dobiasch & Rupert Richter Marktstrasse 8 18528 Bergen auf Rugen phone: + 49 03838 / 25 71 10 fax: + 49 03838 / 25 71 15 email: Homepage: