Category Archives: Business lawyer

An agency, which is forbidden, to work for competing entrepreneurs, No Einfirmenvertreter power contract within the meaning of § 92a Abs. 1 HGB.

A self-employed commercial agents, which is forbidden, to work for competing entrepreneurs, and one other activity at the earliest 21 May take days from receipt of the display and presentation of documents relating to their activities, No Einfirmenvertreter power contract within the meaning of § 92a Abs. 1 Set 1 Old. 1 HGB.

Therefore, the legal process is opened to the ordinary courts for disputes arising from the contractual relationship.

Decision VII ZB 27/12 from 18. July 2013

GVG § 13; ArbGG § 5 Abs. 3 Set 1; HGB § 92a Abs. 1 Set 1 Old. 1 Continue reading An agency, which is forbidden, to work for competing entrepreneurs, No Einfirmenvertreter power contract within the meaning of § 92a Abs. 1 HGB.

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Transportrecht: Country Freight law, Air freight law, Railway freight law, Inland navigation law, Speditionsrecht, Bearing right, Logistikrecht, Seehandelsrecht

Theoretically, the transport law covers the following areas:the land freight law, the air cargo law, Railway freight law and inland waterway transport law, the forwarding law, the right of storage and logistics law, the Admiralty. Also include the Customs Law, insurance law and private international law, this. This includes the following legal issues:

Law of national and cross-border road transport, including the right of the general terms and conditions and marine insurance conditions
Law of national and cross-border transport to water, in the air and on the rail
Recht des Transports multimodalen
Legal transport of dangerous goods, including relevant criminal- and fines
Forwarding insurance law
Internationales Privatrecht
Customs law and customs clearance in cross-border traffic and transport taxes Continue reading Transportrecht: Country Freight law, Air freight law, Railway freight law, Inland navigation law, Speditionsrecht, Bearing right, Logistikrecht, Seehandelsrecht

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A- and export of goods: Zollrecht

The European Union reformed its customs legislation currently extensively. In the international EU cross-border movement of goods are countless customs- to observe and foreign trade law provisions. In addition to issuing an export declaration and the always necessary import declaration in the destination country and transit provisions are taken into account. This is especially true in transit through third countries.

Because of the many at- and abroad in regulations is always a required individual counseling. Continue reading A- and export of goods: Zollrecht

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Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

Press Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and press freedom are important foundations of democracy and fundamental rights in terms of 3 in the latter type. 1, 2 and 5 Anchored GG.

But communication media has different sides. You can destroy the honor and reputation of a person unlawfully. As an untrue statement of fact, illegal or manipulated photo shoot or coverage of particular private spheres fundamental rights are violated. Continue reading Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

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Portrait rights (Copyright Act), general right of personality and Press

The right to one's image

Where is the portrait rights regulated?

In “Law(this is) relating to the copyright in works of fine arts and photography” (Copyright Act) from 1907, as a general right, criminally in § 202a of the Criminal Code, as well as some in data protection legislation.

What is protected?

The right of personal portrayal protects photographs or records from access by other. That § 22 Copyright Act allowed only with the consent of the depicted images published or publicly displayed. The consent is in doubt as granted, if the person portrayed this, that he allowed himself to reflect, received a reward. After the death of the person depicted is required to expiration of 10 Years, the consent of the members of the depicted. Members under this Act, the surviving spouse and children of the person depicted, and if neither a spouse nor children are present, the parents of the depicted.

The production of portraits is not therefore recognized immediately, but certainly their distribution and public display. Unlike in copyright also just not the photo is protected as such, but the Sample. Continue reading Portrait rights (Copyright Act), general right of personality and Press

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Competitive situations (including competition law and warnings injunction proceedings)

What is it about?

Competition law is in contrast to antitrust law advertising law; regulated the manner of advertising in terms of a single measure of the marketing mix. This is done regardless of the medium used, and detached from the relevant public. So it turns (also) represents a single letter of a company to a customer already as "advertising" in the legal sense.

Against anti-competitive behavior, the procedure is usually done by a warning along with solicitation of a imitator. It is an unregulated legal institution. A sample warning letter can be found here. The right Abgemahnt must usually abmahnenden the competitors will refund the cost of the lawyer's use. These costs start at around. 500 EUR in the case of relatively simple, "Hazardous" violations and to quickly reach the middle four digits. Even in light of this fact, the prior examination of the marketing activity is recommended.

Are otherwise not sufficient content desist, may take legal action by the competitor. After the expiry of a warning – often short – bemessenen Deadline, can einstweiliges available procedures are performed. The overall process is able to include two and three summary proceedings on the merits. Continue reading Competitive situations (including competition law and warnings injunction proceedings)

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Contract law (Contracts, Terms creation) and contract review

Horak lawyers across the civil- versed and contract law. We are used to, to set us apart with the economic concerns of our clients, to translate these into customized formulations and appropriate contractual interest.

Of course we support the interests of our clients even after a legal dispute over the contract beyond the end. We put the needs of the clientele to be enforced by or. defend them against insolvency. Here, we do not content ourselves with routine measures. We help our clients with specialist knowledge in the field of law enforcement and the Insolvency Act to enforce his claims.

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General and specific administrative law, particular management Business Law

Of public issues of construction- investment planning and environmental law in addition to the environmental audit and environmental impact, we manage your project from quite practical point of view, including approval procedures and such before the administrative courts. In particular, a temporal acceleration is often of particular importance. We will, for example, in pollution control law, Waste legislation, Preservation law. Planning law, Commercial Law. Medicines- genetic engineering and legal work.

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