Alemania Factor Legal

(1) The Confederation shall have exclusive legislative power over all matters arising from the conversion of the federal railways administered by the Confederation into commercial enterprises. Article 87e(5) shall apply mutatis mutandis. Public servants employed by the Federal Railways may, without prejudice to their legal status or the responsibility of their employer, be assigned by law to provide services to the Federal Railways under private law. During the Cold War, the division of Germany by the Iron Curtain made it a symbol of East-West tensions and a political battlefield in Europe. Willy Brandt`s Ostpolitik, however, was a key factor in the détente of the 1970s. [19] In 1999, the government of Chancellor Gerhard Schröder set a new basis for German foreign policy by fully participating in the decisions surrounding NATO`s war against Yugoslavia and sending German troops into combat for the first time since World War II. [20] (4) Religious societies acquire their legal capacity in accordance with the general provisions of civil law. If the parties do not agree, the family court may transfer the matrimonial home to a party if one of the spouses files an application. The decisive factor that the court takes into account is the well-being of the children, if any, and property. However, the court`s decision has no influence on the property. Most infringements of consumer protection rules can be prosecuted in stand-alone proceedings. Investigations or actions taken by consumer protection authorities generally do not exclude individual complaints. However, infringements of unfair competition rules can only be prosecuted by competitors and various consumer protection associations/qualified entities, and not by consumers themselves.

There is no resale right in which consumers can participate in investigations and/or enforcement actions of consumer protection authorities. However, there are various class actions available to certain consumer protection associations and/or qualified entities from which consumers can benefit directly. As regards claims for cartels, Articles 33 and 33a of the GWB grant actions for injunctions, compensation and damages to the legal person (including consumers within the meaning of question 1.2) concerned by the infringement proceedings. However, lawsuits brought by consumers on the basis of a violation of antitrust rules are the absolute exception in Germany due to the low level of individual damages and the risk of litigation. There have been attempts to establish de facto class actions by transferring claims to a company. However, this attempt to circumvent the Code of Civil Procedure was rejected by the courts. If a defect in the goods appears within the first six months, consumers can rely on the legal presumption that the goods were already defective at the time of purchase (§ 477 BGB). (2) Paragraph 1 of this Article may not be invoked by a person entering federal territory from a Member State of the European Communities or from another third country in which the application of the Convention relating to the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms is guaranteed. The States outside the European Communities to which the conditions referred to in sentence 1 apply shall be determined by a law which requires the agreement of the Federal Council. In the cases referred to in the first sentence of this paragraph, measures to terminate the stay of an applicant may be taken without regard to an appeal against him. (2) The organization and procedure of the Federal Constitutional Court shall be governed by a federal law which shall determine the cases in which its decisions have the force of res judicata.

The law may require that all other remedies be exhausted before a constitutional complaint can be filed and may provide for a separate procedure for determining whether the appeal is allowed for decision. The following elections to the Bundestag were held on 22 September 2002. Gerhard Schröder led the coalition of the SPD and the Greens to an eleven-member victory over the Christian Democrat challengers around Edmund Stoiber (CSU). In general, three factors are mentioned that helped Schroeder win the election despite a low approval rating a few months earlier and a weaker economy: the good handling of the 100-year flood, the resolute resistance to the US invasion of Iraq in 2003, and Stoiber`s unpopularity in the East, which cost the CDU decisive seats there. In the event of an intentional or negligent violation of the ProdSG, fines of up to EUR 100,000 may be imposed (§ 39 ProdSG). Repeated and persistent breaches of individual and specific obligations under the ProdSG are punishable by imprisonment for up to one year or a fine (§ 40 ProdSG). In addition, the sale of goods that violate the ProdSG may result in other violations of the law, for example: according to the UWG, and be considered defective. Such a breach may give rise to other claims, such as claims for damages or injunctive relief from competitors or consumers. The city-state`s new law explicitly prohibits authorities, including the police, from discriminating on the basis of skin color, gender and other factors. Lawmakers say the new rules help combat systemic racism in Germany. (3) Notwithstanding paragraph 1 of this Article, the application of this legislation shall also be permitted on the basis of and in accordance with a decision of an international body within the framework of an alliance agreement with the consent of the Federal Government.

Measures taken pursuant to this paragraph shall be repealed if the Bundestag so requests by a majority of its members. In most cases, “entrepreneurs” are required to comply with consumer protection rules. Most consumer protection regulations require a “consumer contract”, which is defined in § 310 Abs. 3 BGB as a contract between a consumer and an entrepreneur. An “entrepreneur” is in Paragraph 14 of the BGB as a natural or legal person or partnership with its own legal personality, which acts in the exercise of its independent commercial or professional activity when concluding a legal transaction. Contracts before and after marriage are legally binding in Germany if they comply with the formalities and are not unfair or immoral. An agreement is enforceable if these conditions are met. (4) The right to establish private schools is guaranteed. Private schools that serve as an alternative to public schools require the consent of the State and are subject to the law of the Länder. This authorisation is granted when private schools are not inferior to public schools in terms of educational objectives, their establishments or the professional training of their teaching staff, and when this does not promote the separation of pupils according to the resources of their parents.

Accreditation will be refused if the economic and legal situation of the teaching staff is not sufficiently assured. (1) The Federal Government, a Federal Minister or the governments of the Länder may be authorized by law to issue ordinances. The content, purpose and scope of the delegated authority are determined by law. Each legal regulation contains a statement of its legal basis. If the law provides that such a power may be further delegated, the retransmission is carried out by means of a legal instrument. 1. civil law, criminal law, organization of courts and judicial proceedings (with the exception of the Law on Pre-Trial Detention), legal professions, notaries and legal advisers; There are no specific legal requirements regarding product recall regulations. Excluding the obligation to inform the competent bodies, the requirements and measures to be taken with regard to an individual product recall must be examined and decided on a case-by-case basis.

The BAuA provides additional information for the optimal execution of product recalls. In addition, EU legislation may apply. In order to make the contract effective, a notary must register marriage contracts with both parties in accordance with § 1410 BGB. Post-marriage contracts must be notarized or registered in court for the contract to enter into force if it is concluded during ongoing divorce proceedings. If the contract is legally concluded after the divorce, for example for post-marital maintenance, a notarial certificate or registration by the court is no longer necessary. Since 1 October 2017, same-sex marriage has been legal under German law. Previously, same-sex couples could only register their partnership (“registered civil partnership”). 3. To the extent that legal provisions within the meaning of paragraphs 1 and 2 of this Article confer the power to amend or supplement the provisions themselves or to adopt legal provisions having the force of law, they shall be deemed to have expired. Since enforcement actions must be taken for the most part by individual consumers, there are few cases that stand out. One such problem is that consumers have made claims against Volkswagen in connection with the use of illegal software to limit the measurement of exhaust emissions (“Dieselgate”). In addition, several banks have been forced to adjust their terms and conditions regarding fees for bank accounts and obtain consumers` express consent to their changes, which has not only resulted in various changes in the terms and conditions, but will also result in many banks having to compensate a large number of consumers for unjustified fees collected in the past.

(2) The Confederation has the right to enact laws in matters falling within the scope of Art. 74 para. 1 Nos. 4, 7, 11, 13, 15, 19a, 20, 22, 25 and 26 if and to the extent that the creation of equivalent living conditions throughout the federal territory or the preservation of legal or economic unity requires federal regulation in the national interest.