RIGHT-LEGALLY - Newsticker 03/2007 of 24.01.2007
Law office Kronenberghs www.rechtlegal.de
(openPR) - industrial law - late contestation with bad-cunning deception
It is well-known that employers can separate from employees, which have their attitude with the truth not corresponding documents erschlichen, even if the employee worked otherwise on the job.
How long such a right is possible for the employer for separation, did not have to be decided so far. Now however an employer experienced only after eight years of a deception by a falsified certification and the employer-employee relationship because of bad-cunning deception contested.
The Higher Labor Court (LAY) Baden-Wuerttemberg has to the Az. 5 SA 25/06 zweitinstanzlich decided that the employee, which is with falsified application documents a “job provided”, also after such a long time not worthy of protection.
Liability law - nocturnal obligation to strew sand or salt
The higher regional court (OLG) Hamm has to the Az. 9 U 169/04 decided that municipalities must be responsible to their obligation to strew sand or salt for the winter neglect of their obligation to strew sand or salt and follow concretely depending upon weather situation regularly, partly several times daily. With the question, whether the municipality successfully its obligation to strew sand or salt through at all local entrances attached describe with referring to reduced winter services avoid can, it did not need to be concerned the OLG Hamm.
Considering the momentarily unsteady weather the team points out driving fashion not adapted from RIGHT-LEGALLY that in cases as the decided in all rule also a partial responsibility of the damage is possible, usually because of to faster and.
Residential property law - reorganization WAY
The residential property law (WAY), which the legal relations several owners a real estate regulates, is with lining up amending to 01.05.2007 by the change of the principle of the unanimity to the majority principle increased flexibility and scope of action to make possible. Qualified majorities are nevertheless necessary for measures of the maintenance and the modernization.
Importantly it is instead that to date totalliable adhesion is not to apply any longer, clings the residential properties only at height of his portion.
In procedural regard residential property things no more are to fall under the freiwillige jurisdiction (FGG), but - like other civil affairs also - under the judicial code (ZPO).
Closer information is at the team of RIGHT-LEGALLY available.
Traffic law - calm air despite “winter tire law”
Despite the legally again standardized obligation to draw suitable tires up on which the team reported of RIGHT LEGAL in other place already several times, for the year time to mild weather opposes the piercing success of this legal reorganization much.
The tire manufacturers and - dealers complain about much to high stocks, since after obviously legal stagnates promoted sales impacts at the beginning of the “winter season” the sales figures.
The team means of RIGHT LEGAL augenzwinkernd: “Good the tire salesmen complain than allegedly unsuitable bereifte Kfz drivers…”.
Public revenues - financial success of the duty
Despite the more to a laughter number reminding introduction of the German Truck Mautsystems years ago this seems to be now financially successful. The duty operator madly Collect indicates that since the introduction of the Mautsystems of more kilometers than world-wide with every other Mautsystem were accounted for.
Consequence from this is that the German state has to register 2006 more than EUR 3 billion toll receipts alone in the year.
In own thing - dead left
In our the latter newsticker mail the error devil raged. As readers communicated us, was there “DEAD left” available, i.e. on right legal press archives with openPR.
The left functions up-to-date again, and you can see if necessary the RECHTLEGAL newsticker as well as other Presseveröffentlichungen not only on our side, but also with openPR.
To good the latter - speed offence of a Spanish blind one
56 years old Spaniards, since an accident 1996 completely blindly, in Spain on a motorway with well 154 km/h into radar control raced.
To drive once again fast car its wife corresponded to its urge and him over a straight piece of motorway that from earlier time still admits to him was, guided.
The team of RIGHT LEGAL asks to refrain from imitations.
Finally still another reference in own thing: Older ones new find you in our archives.
Their team of RIGHT LEGAL
TH. KRONENBERGHS - ATTORNEY AND SECURITY ADVISOR
LÜNEBURGER STR. 54 - 21395 TESPE/ELBE - RA@RECHTLEGAL.DE
TELEPHONE 0 41 76/91 26 00 - FAX 0 41 76/91 26 02
www.rechtlegal.de
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