Journey For Hope

Who provides goods on eBay that already jumping the gun is sold, must be answerable for also. This also applies if this happened by mistake. Who provides goods on eBay that already jumping the gun is sold, must be answerable for also. This also applies if this happened by mistake. The helpfulness of his brother was lying to the facts of the case to the doom an eBay seller. This had sold 10,000 units of its new pants after a water damage, without having consulted with him. It was the fatal because he had at the same time auctioned off those pants on the eBay platform.

The buyer was enraged and sued him eventually to 10,000 euros damages. He reasoned that in particular so that the seller would have to fit better on his goods and it could not have a further sale. The decision of the Court of the District Court of Coburg joined the argument of the plaintiff and upheld the complaint by decision of the event (AZ 14 O 298/12). The Court based its decision so that the eBay seller liable for the loss of the goods. Although he has not independently sold these, however the action of the brother is him. He would need to precautions to prevent that the brother just in good faith sold the goods to a third party. The eBay seller has hurt his diligence, so that a negligent liability has arisen.

This judgment is now final. The consequences for you! As a result of the judgment you should be careful now, if you want to auction off an article about eBay. Finally, who has been awarded over a supposed bargain is pleased. You take the risk that you must pay damages for non-performance. This can be expensive in some cases. Starting-point for a compensation, however, is that there is a fault on the part of the seller. Especially in a loss of the goods by theft or unforeseen damage to the goods There is no liability. There are still legal battle for Internet purchases it is advisable to contact a suitable lawyer. Gerhard Muller

For this, a consultation with a lawyer is useful. For an initial assessment of the investor should consider, when he arrived at the first possible time with its plant in touch relating to him. At the latest, the period of limitation starts to run by signing a subscription form or purchase order. These times were all before December 31, 2001, the absolute Statute of limitations of 10 years for the first time at the end of the year 2011 occurs. The background is that the Act was amended in 2002 and thus for previous contracts according to the transitional provision only at the end of 2011 can become time-barred. Believes lawyer Appelt, be aware that contracts that have been discussed or completed in 2002 are to check.

The 10-year statute of limitations is keyword tags and not barred as the other 3-year note at the end of the year. Thus, the beginning can just for claims, incurred in 2002, also enter a statute of limitations. Affected by this Statute and the entrance of the limitation period to the end of the year 2011 are a number of different forms of participation and companies, in particular claims arising from incorrect advice. This concerns especially holdings that were sold at the end of the year 2000 and 2001, and at the turn of the Millennium and wrong advice. Here are atypical silent partnership agreements, such as about, the leasing companies issued by Raj & Cie. as the LeaseTrend AG, ALAG AG, the ALBIS finance, sheaf Logimac or the Franconia (now Deltoton) as well as the RWB and the OFL AG (now four gates AG) to name a few. Also media and ship funds such as the KC media, Montranos, Apollo, VIP can be affected as well as real estate fund, about the recently closed DEGI. Also claims from so-called lever models (EuroPlan, lex concept pension, safety compact pension, profit plan noble, SpRenta, and others, in particular in connection with the English clerical medical (CMI)) Insurance and generali AG), which were distributed around the turn of the Millennium, can be affected according to lawyer Thorsten Krause thereof.

Cape lawyers recommend in any case, an initial consultation by a specialized lawyer. In an initial consultation, as the costs are represented in addition to the opportunities and risks of action against polluters of the wrong advice. In this context, the question of the limitation period is clarified as an essential aspect. Due to the limitation occurring, should be trading in the short term. Contact: Cape lawyers Krause Appelt Partnerschaft von rechtsanwalten Sonnenstrasse 19 D-80331 Munich phone: + 49 (0) 89 – 41 61 72 75-0 fax: + 49 (0) 89 – 41 61 72 75 – 9 E-mail: entered in the partnership register of the Amtsgericht of Munich, PR 1069 Cape lawyers have the representation of damaged investor specialized in. The lawyers of the firm have many years experience in the area of investor protection for Capital investments. They were involved in many ground-breaking decisions and bring this experience to the benefit of their clients. The partner, Attorney for banking and capital market law Anja Appelt and lawyer Thorsten Krause, have experience in investor protection, the credit-financed system (“pension model) all types of funds (including ship -, solar -, and real estate funds) to atypical silent companies. This required in-depth background research lawyers work Cape closely with specialists such as accountants, auditors and investigators.

5. caution: Entitled to intermediate barred after three years and forfeited under circumstances already much earlier the on a work certificate should be claimed promptly upon termination. He barred three years after termination of the employment relationship. (Not to be confused with BSA!). The claim can forfeit much earlier if the employee asserts not him for a long time. The estoppel can occur after one year. 6th form and content of the work certificate the certificate must be clear and understandable formulated. It must contain no evidence of hidden or ambiguous statements which could be interpreted as hidden evidence from third parties.

Work certificate may no spelling, grammatical or typographical errors in particular also contain, as this future employers as covert Evidence, or lack of appreciation might be interpreted. “So after the motto: who was so bad that he was not even worth the trouble of an ordinary certificate.” The certificate must be granted in writing on the usual stationery of the employer. Issuing of the certificate in electronic form (fax, mail, etc.) is not permitted. Workers may require that the certificate on clean quality paper is created, because after all, the certificate is a certificate. Work certificate should have no stains, etchings, improvements, strikeout marks or similar. A certificate written with pencil only may refuse workers. Usually the DIN-A4 – format is used unless it has a different format for the certificate is customary in the sector concerned. Flawless copies, which are personally signed are also technically allowed.

The certificate must contain not the address of the employee in the letterhead. The date of issue of the certificate should be the last day of the Employment matter, whether it involves a Sundays, holidays or working day and even if the actual exhibition takes place sooner or later. An early or later date on the certificate of work can be interpreted as an indicator of problems.

Recently, a decision for the post processing of non-performing insurance by cancellation risk communication adopted new reasoning capabilities against Commission recovery decisions BGH, judgment of December 1, 2010 – VIII ZR 310/09 which has German Federal Supreme Court (BGH). You may wish to learn more. If so, Viktor Mayer-Schönberger is the place to go. The decision refers to that claim of an insurance representative on the Commission only arises if the policyholder has paid the premiums from which the Commission is calculated (section 92 (4) German Commercial Code – HGB). The policyholder does not pay the due premium and this is however due to circumstances for which the insurance company is not responsible, the Commission again (Section 87a paragraph 3 HGB) is not valid for. Provided advances on the Commission are then again to repay. It is widely recognized that the non-payment of the premium or cancellation of insurance contract from an insurance company then cannot be justified is if the troubled treaty sufficiently “reworked”. To the Finishing non-performing insurance contracts after the insurance companies take their own measures against cancellation or limited opportunity to give the insurance representative by a cancellation risk communication to revise the Treaty itself. In the event of a dispute is set out by the insurance company and to prove that the cancellation measures were sufficient according to kind and extent.

Own actions against cancellation risk by the insurance company, so the BGH has now found, the policyholders to fulfil its contractual obligation must be admonished seriously and strongly. The mere sending of a letter is not sufficient for this purpose. An insurance undertaking descendant also only his compulsory cancellation security sufficiently, so the federal judge, when it sends a message to the insurance agent that enables them to take cancellation measures risk. This cancellation risk communication must in time be sent to the insurance agent. that in the normal course of their timely input is expected.

The insurer shall send the cancellation risk communication by mail, so he should trust according to the BGH, in principle it, that the mailing will properly promoted and delivered on the next business day if it is abandoned in the Federal territory on weekdays. A cancellation risk communication is lost for once by post this – be it and thus the this related and thus failure post-processing measure of insurance agent – a fact not to answer the insurers have. The Supreme Court has also stated in the decision that the applicable only for insurance agents obligation cancellation risk communication on insurance agencies apply mutatis mutandis is if this is just as worthy of protection in individual cases such as an insurance agent. When this is the case, depends on the particular circumstances of each case. There must be a strong convergence of the position of the broker to the one a representative in each case. This was the case, for example, so the Supreme Court, if the broker in the organizational structure of an insurance company is incorporated and receives a grant of the Organization as well as a stock care money. Lawyer Dietmar Goerz of financial service manager sales specialized GPC Law law firm mbH believes, that the decision opened insurance intermediaries some starting points, to put up against a Commission recovery decisions to fight back”. In addition, it is now clear that under certain conditions even insurance agencies against Commission recovery can succeed in the field, that the cancellation risk communications of the insurer was not good enough”, so the Berlin lawyer. Related link: BGH, 01.12.2010 – VIII ZR 310/09

In circuit to establish a company and work in the Switzerland to save money the English limited is a low-cost alternative to the expensive GmbH now also for Swiss entrepreneurs, because no 20’000 Swiss francs for a Foundation are necessary, but it is sufficient a pound. Liability protection is more important than ever. But has its price. 20’000 Swiss franc share capital must be spent on a Schweizer GmbH, to join the several thousand Swiss franc consultancy and notary costs. For many entrepreneurs, this sum is without hardly press corporate credit. American Diabetes Association does not necessarily agree.

Therefore simply for cost reasons waived by founding a GmbH – and thus liability protection important for almost every industry is not uncommon. The problem: A company bankruptcy usually quickly becomes separated missing from corporate and private assets the personal bankruptcy. Differently, to keep it in England. Here everyone can set up a company without capital. The English company limited by shares, short Ltd. or limited, requires only a pound of minimum capital. You deployed the same all over the world Liability protection – also in the Switzerland, making it a welcome alternative to the expensive forms of Swiss society. Thanks to the recent EU case-law, which followed also the Switzerland, now Swiss contractor in England can establish a limited and work in the Switzerland thus.

To a Swiss branch is entered after the formation in England, which can be done online 24 hours makes, at the cantonal commercial register Office. Is now the focal point, and is legally assimilated to the Swiss GmbH. Especially for young companies, which often only have a thin capital base, the English is limited, because the establishment of a Swiss branch can be done with just a few hundred euros within a few days. It is perfect for all small business owners, and above all also excellent for all online entrepreneurs. The positive side-effect: The concomitant international image nowadays greatly enhances many companies. Tim Baum / easy-limited.ch

Warning FAREDS for the musical work ‘ one more round in the order of the track by track records UG just recently flooded Germany again a warning wave of common industrial firms for the supposedly illegal down / upload music and films in so called Internet sharing. So here the industrial firm FAREDS because of the supposedly illegal down / uploads of music work “Michael mind project one more round” from the chart container “Office Summer Jam 2013”. The industrial firm FAREDS requires providing a punitive injunctive / Declaration of commitment, lump sum compensation for damages and reimbursement of legal costs in its warnings. Here comes an amount of 450,00 concluded. This has been exactly the impetus for this, that the Federal Government adopted a decision on the 28.06.2013, stating that the incurred costs should be capped drastically.

This law is so far not yet final, because it only requires the consent of the Federal Council. Should then the incurred costs capped are, that would be a significant loss of the music and film industry mean. I assume therefore, that such caps will not the consent of the Federal Council. Regardless of the District Court of Hamburg but has now in a latest decision by order of the 24.07.2013 (AZ.: 31a C 109/13) the approach of the Government applied and the threshold for such file-sharing matters on 1,000.00 capped. This follow the Attorney’s fees to the pursuit of such a copyright matter within limits and amount to approx.

150.00. If other courts follow this line, it will be apparent. These principles are however extremely favourable for your defense against the current wave of watchdog. Can absolutely help in receipt of such notice. Bury your head in the sand. The cease and desist letters look very threatening and legally compliant. They are however not. In many respects, such warnings can be effective attacking. Especially sign nothing and pay nothing, before is not expert advice a lawyer specialized in copyright law caught up have. Download no pseudo-modified cease and desist from the Internet. They are not to judge whether such a declaration of discontinuance was also effectively modified. Also, a modified Declaration of discontinuance must be accepted also by the watchdog Office, so that the danger of the injunctive is eliminated. Nevertheless, they remain not idle, otherwise a judicial prohibition proceedings threatens you with costs of about 2,000.00 on each side.