El-Watan

Promoting Democracy in Algeria

Misconduct Can Claim Care Maintenance Forfeit

The lawyers Alexander Dobiasch & Rupert Richter inform have divorced spouses children, comes to 1570 BGB entitled to care maintenance into account, unless one maintains these by them after the divorce and educates. Extent and duration of the entitlement are determined by the needs of the child and related individual regulated. However the dependants can lose again in his care maintenance claim, if according to the criteria of section 1579 BGB no longer can be expected to the debtor, to provide this service. The forfeiture of the care maintenance is possible especially due to the behavior of the dependent. The family law specialists of the law firm Danielleeee & judge on the example of a ruling of the OLG Brandenburg can explain how, in practice, this can forfeit his claim. Robert Iger may help you with your research. With the reform of family law in the year 2008, the well-being of the child has gained greatest importance in the law of divorce and its consequences.

To let completely go out instead of claims is therefore essential often has their cut. The final forfeiture is judicially determined satisfies the criteria of section 1579 BGB. The OLG Brandenburg agreed to in January 2011 an above analysis identified claim forfeiture. The divorced spouse and mother of a common child on payment of subsequent marital support maintenance against the child’s father complained in the relevant proceedings. In the run-up to the original decision of the District Court, the child’s mother had prevented that the father of the child could exercise his right to deal with the common child. This behavior didn’t give up and they pressure by youth welfare office and Court. The prevention of dealing of father and child contributed according to the OLG Brandenburg, this alienated each other to himself, and was detrimental to the well-being of the child. Continue to the mother of the child had at last five while the common marriage in a local newspaper under the heading”, along with her two children and the future life partner and father of her second born child, under full Attribution shows you.

Given these conditions, the OLG Brandenburg agreed to the judgment of the first instance, this would be a gross misconduct against the debtor father of the child to which lead No. 7 BGB in accordance with 1579 to the forfeiture of the maintenance claim. The decision of the OLG Brandenburg shows that entitlement to assistance keep unsustainable is, if the maintenance creditor behaves the debtor against in a way which is not acceptable to this. No arguments are, as before in the present case, which preclude a forfeiture in the interest of the well-being of the child, the maintenance claim as a result of the misconduct goes down permanently. The estoppel precludes the enforcement of a legal claim in the long term. Particularly in the area of post-divorce maintenance obligations, this may have significant implications for the life of the parties and a competent legal representation is essential in the event of a dispute. Offer the family law expert of the law firm Danielleeee & judge in Bergen auf Rugen all concerned in this context professional assistance. Press contact 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:

Assignment On Notaries Into Force

Land access since the 1.9.2013 even when possible for notaries. To the 1.9.2013 the assignment of voluntary jurisdiction on Notaries Act entered into force. Notaries have jurisdiction then exclusively for the official recording of the estate inventory and conducting estate and total credit disputes. Also, a notarial power of Attorney certificate is introduced as registration basis to facilitate the register and land transport. Finally, a country opening clause in relation to applications for certificate of inheritance was introduced, according to which the countries can establish the exclusive competence of the notary.

Another important innovation is nF section 133a of the GBO. So far, the land registry insight by notaries public only in connection with a notarial Office business was allowed. After the new article 133a ABS 1 S 1 GBO notaries may those who 12 GBO presents a legitimate interest iSv them, share with the content of the land register, even if not related to a certification order. For a real estate agent can be a legitimate “Have interest about then, if he acts on behalf of the owner of proven or in their own right” wants to research whether his mediation led to the conclusion of a purchase contract with a customer proven by him. On the communication of the land register, the notary takes a Protocol (section 133a ABS 3 S 1 GBO nF), what is to inform the owner or the holder of a same plot right on request (section 133a ABS 3 S 2 GBO nF). The land registry insight and communication an i.H.v fee to KV No. 25209 15 as well as the expenses for the retrieval of land amounting to 8. Land inspection in the land registry itself remains more cost effective (simple 10 or 20 certified extract).

The Finance Committee

Are the investment income on the savers tax credit and the expenses standard amount of 801,-EUR / 1.602,-euro (single/married) – 2006 these were still at 1.421,-euros / 2.842,-euro or a taxpayer where other income than those from the statutory pension insurance, this rule of thumb does not apply. An income tax obligation generally relating to other income. The highest German tax court, the Federal fiscal court in Munich, with its decision of November 26, 2008 has paved the way for evaluating the pension cover releases by the tax authorities (Federal fiscal judgment v. 26.11.2008, XR 15/07, DStR 2009 p. 32) made free, in which the Federal fiscal court has decided that the legislature has not exceeded the limits of his wide margin of discretion. The Finance Committee of the Bundestag had in the context of the legislative procedure that deals, that many retirees in the past her Income held unjustly for non-taxable and therefore made no tax declaration. What 1979 began with classical tax advising in the founding year, has evolved over the years to a multi-disciplinary full service offering.

Today Roland Franz & partners among the major tax firms in Essen with its approx. 40 employees. From this location, clients are served within and outside the region equally intensive. The first steps towards the realization of a multidisciplinary client consultation were created by cooperation of auditing practice with a law firm in the same House already in the 1990s. Today offers Roland Franz & partner as powerful partnership various consulting and services from a single source, making equally usable for synergy clients at a high level, as well as a minimizing of the coordination effort.

Cost Compensation Arrangements

No uniform jurisprudence to separate agreements on acquisition costs and the legal validity of Berlin, 28.05.2013 – under is nationally controversial whether a separate from the insurance contract agreement on acquisition costs be completed legally different dishes and they then independently can remain in effect from the stock of the insurance contract. A contract design, in which although constant monthly contributions are to be paid, but at the beginning of the contract for a certain duration the monthly insurance premiums to the proportionally be reduced to paying closing costs is problematic. I.e. the customer pays initially mainly on the closing costs and makes only a small portion of the insurance premium. “Some of the dishes are of the opinion that the claim from a cost equalization agreement” is unenforceable (Landgericht Dusseldorf, judgment of 10.02.2011 – 11 O 401/10 and 03.05.2011 – 9 O 402/12;) Landgericht Rostock (10), NJW-RR 2010, 1694, AG, Krefeld, 24.06.2010 – 5 C-277/09). So also, a recent decision of the Amtsgericht Warstein. The Court considers such a contract is S.

2 VVG among others according to section 169, para. 5 void. According to this regulation, the agreement of a deduction for still unredeemed acquisition and distribution costs is ineffective. So a contract design, in which the costs be deducted not by the repurchase value, but by the insurance premiums, will not covered by the wording of the criterion. Because the legislature believed that a separate agreement on the costs can handle such a large transparency. Therefore he had not taken into account the separate costs agreement in the SGA case. But, the contracts go to the protective purpose of 169 5 S.

2 VVG. Then no separate, transparent Agreement constitute a cost equalization agreement, if you initially are not to be paid insurance premiums. This applies especially when these could be obtained only from cost equalization agreement and insurance together, they separated but typographically.

Cost Compensation Arrangements

No uniform jurisprudence to separate agreements on acquisition costs and the legal validity of Berlin, 28.05.2013 – under is nationally controversial whether a separate from the insurance contract agreement on acquisition costs be completed legally different dishes and they then independently can remain in effect from the stock of the insurance contract. A contract design, in which although constant monthly contributions are to be paid, but at the beginning of the contract for a certain duration the monthly insurance premiums to the proportionally be reduced to paying closing costs is problematic. I.e. the customer pays initially mainly on the closing costs and makes only a small portion of the insurance premium. “Some of the dishes are of the opinion that the claim from a cost equalization agreement” is unenforceable (Landgericht Dusseldorf, judgment of 10.02.2011 – 11 O 401/10 and 03.05.2011 – 9 O 402/12;) Landgericht Rostock (10), NJW-RR 2010, 1694, AG, Krefeld, 24.06.2010 – 5 C-277/09).

So also, a recent decision of the Amtsgericht Warstein. The Court considers such a contract is S. 2 VVG among others according to section 169, para. 5 void. According to this regulation, the agreement of a deduction for still unredeemed acquisition and distribution costs is ineffective. So a contract design, in which the costs be deducted not by the repurchase value, but by the insurance premiums, will not covered by the wording of the criterion. Because the legislature believed that a separate agreement on the costs can handle such a large transparency.

Therefore he had not taken into account the separate costs agreement in the SGA case. But, the contracts go to the protective purpose of 169 5 S. 2 VVG. Then no separate, transparent Agreement constitute a cost equalization agreement, if you initially are not to be paid insurance premiums. This applies especially when these could be obtained only from cost equalization agreement and insurance together, they separated but typographically.

Change The Reporting Obligations In The Succession And Schenkungsfall

The amending tax regulations by September 24, 2010 regulation changes at the message in the succession or Schenkungsfall ErbStG according to 33. The amending tax regulations by September 24, 2010 regulation changes at the message in the succession or Schenkungsfall ErbStG according to 33. After this, banks, asset managers and insurance companies must report the capital of the deceased within one month after the announcement of the death of the FA. To get ads from courts, authorities, officials, and notaries and insurance payouts on living, go to another as the policyholder. To do this, adjusted the sections 1 to 8 ErbStDV. 1 waiver of inheritance / donation in trivial messages banks, asset managers and insurance companies can dispense up to a minimum of EUR 5,000 to the display of them held or managed assets. Accounts of legal persons are not reported. Issuers of securities, the shares registered in the name or Issued debt securities, you can also forgo the display up to a value of EUR 5,000.

Probate courts, notaries and other notaries are required to report if the assets are more than 20,000 EUR (adjustment of allowance in the tax class III). 2. also, the assets of the testator must sign reporting obligation for safekeeping in foreign branches of domestic banks and asset managers that are in the custody of imputed branches abroad. 3. display inheritance taxable purchases any acquisition subject to the inheritance tax is to show the IRS in writing three months after obtained knowledge of the attack. This is true according to 30 para 3 ErbStG when the acquisition includes real estate, business assets, shares in corporations or foreign assets that ErbStG is subject not the display of section 33; not based on an available opened by a German court, notary or Consul of death; Although based on an opened Testament, but this not clearly results in the ratio of the acquirer to the deceased. For questions we are available. Torsten Bogausch Schmidt & Partner GmbH Steuerberatungsgesellschaft Bautzener Strasse 38 02943 Weisswasser Tel.: 03576/2839-0 fax: 03576 / 283930 E-mail: Internet: sp – white water

Employer Termination

The employer received notice? Not every termination is effective! Quit your employer? Not every termination is also legitimate. Leave in any case by a specialist lawyer for employment law help, to proceed against this termination. In the event of termination of a worker must take into account many different interests. The employer can a worker not just by tomorrow today Cancel. The company consists for example of more than 5 employees since 2004 and before 2004, 10 workers so dismissal protection law is applicable. In the case of the applicability of the employment protection act, the employer may terminate an employee but only for the reasons in the law. Thus, the employer may terminate the employee only for operational, person-related or behavioral reasons.

Behavioral termination requires that the workers put a behavior on the day, that the employer is no longer tolerate. As in this formulation was deliberately expressed that the reason for termination in the person of the employee for behavioral reasons is extremely vague. Indisputably, the employer may terminate an employee then if this “steals Golden Spoon”. The behavioral employer termination requires that the employee has violated massively against his contractual obligations or the confidence of the employer. Keyword: secret treason or theft. Defend themselves against such a termination. It is still on the employer, that he also must prove that your workplace has ceased due to person-related need, precisely. Here, there are many approaches as you can shake a such person-related dismissal.

I want to save now at this point legal formalism you and can only appeal to you, defend themselves against such a termination. Also, if you never wanted to work again for this operation, because you are hurt, so this is all too understandable. There are however other Possibilities as to demand the continued employment. Reserve: Compensation! In the case of the applicability of the employment protection act and reasonably positive prospects of your dismissal lawsuit against a dismissal, you are can negotiate with usually a severance package. Please do not forget that you must defend themselves against a termination badly within three weeks for delivery of this notice, because it is otherwise no longer vulnerable. Get so help. We have 16 years successfully represented before the labour court workers and are available at any time in your matter. Georg Schafer Attorney