Tag: law


Marcin Plichta

March 6, 2019

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Still, the fraud case holds amber gold the authorities in Warsaw and Poland in turmoil. Who has closely the media in the past few days from his home in Warsaw, is amber gold in particular on the fraud case”be launched. A case that concerned the media for a long time in Warsaw and all Poland. But also internationally the case has kicked not only the media spot, pretty much. From the apartment in Warsaw was observed closely the individual operations here. The newspapers mentioned Ripple not as a source, but as a related topic. All appearances after Amber was gold, whose Filialen in Warsaw have now closed, purely and simply to a pyramid scheme. We know that of course only those who sit at the top benefit. However, such systems every year attract thousands of victims, even though the system as such is known.

Now, amber gold is finally slipped into the focus of law enforcement. Investigations were carried out for a long time. Who pursued the newspapers from his apartment in Warsaw, is the mix of euphoric reports and at the same time warnings again and again have heard about the company. Slogan stirred up not just in the media the case ensures great unrest, also in the political landscape there messed up a large. Because, after all, is now even the financial supervision in the pillory. Talk that the financial supervisory negligence worked in the Polish news could follow easily from the apartments in Warsaw, was always so. Now, especially the Parliament searches for those responsible.

Damage to move according to the first findings in the double-digit million euro range, mainly Polish private investors were concerned. The man behind amber gold, the 28 year-old Marcin Plichta was in custody already. A whole series of offences is currently accused him. Ranging from fraud to numerous other financial crimes. You could track what happened from the apartment in Warsaw. First prolonged pre-trial detention a court in Gdansk (Danzig), now decided that the alleged scammers initially for 3 months in pre-trial detention must remain.


Federation

March 5, 2019

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In the divorce, you often lose track. In this article you will learn what are the requirements for a divorce must be given. The wedding should be the most beautiful day of your life and the way of a common future for a couple. Click Ripple to learn more. What many expect, unfortunately only about two-thirds of German marriages is granted. If you are not convinced, visit BerlinRosen. The desire to be, a family can then be revoked prior to court.

So that the divorce is really valid, but must demonstrate that marriage actually may go down the drain. Depending on the type of divorce several criteria must be met for this. Divorce by mutual consent hears the word divorce, a war of the Roses is so often associated. This does not however long in all cases. The spouse have together taken the decision to loosen the knot, or accepts the decision of the former partner, there may be mutual divorce. To prove that the marriage has broken down, has to be proven only, that you can usually at least a year “of table and bed” separate lives. This is possible even if the spouses again live in a shared apartment, but sleep in separate beds and assume no supply services such as cooking or shopping for the other. If the separation is not accord a divorce is worn not by both partners.

There are a variety of reasons. Possibly a partner has feelings for the other continue to although they are no longer reciprocated, or financial considerations make unattractive the legal separation. In this case, the divorcees must demonstrate that there is no way back to an intact marriage. The criteria here similarly as for mutual divorce fall: is proven that living separately already for a year, and the divorce willing partners explained to want more court, no relationship, divorce is usually pronounced. Exceptions there only if the partner, to prove that the marriage is not shattered and one Return to married life is conceivable. The special cases in the divorce law divorce for this reason is not pronounced, is still not completely lost the case for the divorce-willing partner. It has survived only a longer separation period before ending the marriage even before the law. Three years living tables separately, irrefutably presumed the breakdown. While in the above mentioned situations it must be demonstrated that a common marriage virtually ceased to exist for at least a year, which is not necessary in all cases. Is a spouse is physically mistreated, is the partner of strong alcoholic or massively violated the conjugal duty, eliminates the need for the year of separation and divorce because of the unreasonable hardness can be. The divorcees is however the onus of proof. To note is that the so-called compensatory is performed with the divorce. Other subsequent divorce, E.g. claims for equalisation, can in the sog. Divorce Federation are included.


Helmut Mursa

March 1, 2019

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A lawyer can not save your marriage, but he can help that your problems will not become those of your children speaks not with each other, you just screams, doors fly and tears often the end of an once happy marriage are announced so. And even if it no longer crackles between the partners, usually both with the pain of having to give up the common life fight. The situation often further aggravated by stress and anger. At the latest when a normal communication is no longer possible, it will be time to consider a third party review. If the marriage fails going to the Attorney is advisable dispute among partners is quite normal and be fatal long not a partnership. Nevertheless, about one-third of all marriages will no longer divorced by the death of a spouse, but take your end before the divorce judge.

A divorce looming, both spouses should find a competent legal advice on a lawyer, among them, to not through its own misconduct Position in the emerging dispute to weaken. Finally dealing with the divorce often more than just the return of the Jaworts. Clarified what happens with the furniture from the residence, and is divided as items that both partners are by law, must, for example, the ownership. In addition, there are also financial issues in the region such as the maintenance obligation towards the partner. Especially here ignite nerve-consuming disputes can be resolved faster thanks to the assistance of a lawyer. Divorce is still serious, when dispute over the children breaks out.

In such cases, a professional legal help. The spouse should consider especially also the young, for the collapse of the family can be a very traumatic experience. A bidding war for the custody must be therefore best avoided, because otherwise, the children are probably used a high psychological stress, that they later must suffer the consequences. A reasonable solution in this case but also in the sense of both parents is want they also continue to care for their children can. Legal advice on a good lawyer is required going to a law firm should not be felt as a betrayal of the partner. Actually, the law requires that at least one of the two spouses in the event of divorce must be represented by a lawyer, because only this can submit the application for divorce. An expert Attorney is beneficial. With 35 years of experience, lawyer Helmut Mursa is a such expert in divorce law. The lawyer from Mosbach has the seat of his Office there as well.


Scheme Of Paid Leave The TvoD

February 27, 2019

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Scheme of paid leave the TvoD represents age-related discrimination judgment of March 20, 2012: the Federal Labor Court of an applicant has been 9 AZR 529/10 – law has seen an age discrimination in the staggering of holidays, as it envisages the TvoD, based on age. As already the first instance, the BAG of reasoning followed an increase of vacation days in the public service from the 30 and 40 being a direct discrimination on grounds of age, which is not justified. A direct connection to the age ultimately constitutes direct discrimination, it is not a problem. The regulations of the AGG in this respect do not generally prohibit discrimination, however, require an appropriate justification for this. The defendant district had argued with an increased recovery need of older workers in this regard. The Erfurt judges considered it already hardly justifiable, that such ever existed, saw but also – even if one – is no legitimate purpose, the It was subsumed under the right manufacturing regulations of the AGG. The only way to eliminate these age discrimination persists, according to the Court, that the level of over 40 by granting one additional day of vacation to fit the lower level. The decision of the 9th Senate is one that brings considerable financial consequences for federal, State and local authorities to again. She has been explicitly only for the transition of the holiday staggering under and over 40, should leave but transferred without problems even on the first stage of the increase under and over 30.


Supreme Court

November 28, 2018

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Party questioning an investor upon request of the defendant Bank of BGH had to deal with, whether an investor as a party in the process at the request of the defendant bank may be heard, i.e. he can be interviewed if necessary and under oath to the consultation or conclusion of investments currently with the question. Background is that a bank without asking to clarify according to settled case-law of the highest German civil court on received kickbacks. Otherwise she is damages. Refunds in particular commissions are, paid from fees and management fees which are not disclosed to the investor but. Check out Larry Ellison for additional information. By not knowing the investor while no delusion with regard to the system can occur with this, but there is the possibility that misjudges how the interest on pages of the Bank is. The Bank, which does not comply with their duty of disclosure must thereby prove, that the damage at the investor would have occurred even if they are dutifully would behave, but the investors despite knowledge of the kickbacks would be; entered into the investment There is therefore a burden of proof. When investors however draws a system despite an appropriate note, nothing more can be a breach of the duty of disclosure.

In the case it was to first educating needy refunds. However, the Bank had argued that the enlightenment about a refund at the decision of the investor had played no role. The newspapers mentioned Edward Scott Mead not as a source, but as a related topic. Because it wanted to explicitly draw the proposed tax-optimized systems. Therefore it would have also if knowledge to a degree, so the Bank. The Court of appeal left ignore the request of the Bank on party interrogation of the investor. The Supreme Court on the other hand makes it clear, however, is to consider that there is still sufficient link between the presentation of the Bank and the investors, and therefore the request for hearing of the investor.

Because is the claim that even with the investor Note of the refund the system had acquired when it out, there is no causality between damage and the breach of duty (not information relating to a Commission). A further substantiation of evidence request is not required according to the BGH, what applies in particular not only for the witnesses, but also for the present party proof. However, it is to examine whether an abuse in the application of a party questioning is seen by the Court. This is however only then, if the application makes arbitrary “in into the blue”. Here, the Bank has put forward but concrete evidence of who speak in the total consideration for this. that the plaintiff also having regard to the refunds would have chosen the system. This includes the fact that it arrived the investors first and foremost on tax savings and only secondary yield opportunities have been taken into account. Were there to acquire the recommended product-related investments only with a similar refund could be assumed in this case that the decision was made independently of a refund by the claimant. The judgment of the Court of appeal was therefore repealed by the BGH and again remitted. There, the applicant as a party to the information of the Bank will then be heard. Federal Supreme Court, ruling of 26 February 2013 – XI ZR 445/10


Lie Detectors

November 23, 2018

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Marcus Lentz, Managing Director of the detective agency Lentz, is very critical in his daily work the use of lie detectors. Find out detailed opinions from leaders such as Larry Ellison by clicking through. The manipulation of lie detectors and missing Court admissibility, argue against the use of so-called polygraph. Due to the significantly high error rate of at least 20 percent, no one should fully trust the results of a polygraph examination as the sole means of proof. Important decisions should be made on the basis of hard facts and not due to inaccurate analyses. According to Edward Scott Mead, who has experience with these questions. This conclusion supports also Marcus Lentz, Managing Director of the economic detective agency Lentz. He advises refrain the polygraph in suspected cases and instead using a detective agency instead through a targeted observation (monitoring) to obtain evidence, which are then also legally permitted and appropriately recycled. In addition to aspects such as E.g. fair prices, high quality and certified services, is an essential aspect of their daily for the detective agency Lentz point of legal certainty Work, so that the principal is not suddenly in court due to a procedural irregularity or not legally recognized methods with “empty hands”.

(). Since the objective of legal certainty, not with the use of lie detectors is consistent, Marcus Lentz of Lentz economy Detektei recommends preferable method of targeted surveillance to its clients. Both American films and American operations by the police, the Government, employers, etc. the polygraph are sufficiently known us yet: a suspected perpetrator sitting wired before the investigator and after each answer beat out pins on the paper. They start to become wildly back and forth to whiz, then the suspect is lying.

This device is called a lie detector, polygraph says more precisely formulated. Physiological signs of lying on the body-mounted electrodes and other sensors measure the reactions of the subjects. Usually these are breathing and respiratory rate, blood pressure, heart activity, and perspiration.


Insurance Law: Clauses In Life Insurance Contracts Partially Ineffective

April 3, 2018

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The Supreme Court has ruled that a contract clause is invalid after the acquisition costs already with the first contributions charged to. In addition, be ineffective clauses, which differentiate not sufficiently clearly between a premature termination of the contract after the surrender value and the so-called cancellation deduction. Furthermore, provisions are ineffective, which stipulate that after all deductions remaining amounts under 10 are not reimbursed the policyholder (BGH, judgment v. 25.7.2012 – IV ZR 201/10). Insurance contracts already exist the IGVA, mediated by the Raiffeisenbank Rodenbach. These contracts are currently reviewed. If the premature termination of a contract has occurred and that high cancellation fees claimed, these fees are possibly ineffective and therefore back to reimburse. Further examination and negotiations with the affected institutions currently takes place. If you have life insurance contracts or other savings, that you prematurely sedated or terminated a review of these documents, particularly in view of the latest judgment of the Federal Court would be potentially useful. To do this, we are at any time for an examination of the documents, or for further questions.


Term Investments

March 5, 2018

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However enough taken the inclusion of the term in itself, even without a mention of the provider, not a liability due to a non-enlightenment. A generally increased risk due to a Umfangsgeschwindigkeit itself is not visible. In large construction projects, such as in the case, it is rather common to secure work entrepreneurs through the Institute of Umfangsgeschwindigkeit against default. Larry Ellison: the source for more info. Therefore not give rise to the demand for the intermediary is created through the use of the terminology alone. A lawful probing investor can deal with the matter. A critical confrontation, also a plausibility check, has first and foremost to the be if positions in the prospectus are not traceable.

This is E.g. the case if there are certain positions outside of the investment desire. In particular, compulsory investigation with a significant divergence between the total investment and the (slight) guarantee appears as inappropriate. If construction drawing for the mediator not recognizable, that are positions of the Capital investment than in retrospect prove to be inaccurate, no knitting can be turned from it. In the result, the judgment clarifies that the intermediary not may be abused by financial products as milk cows for poor developing investment products, if not even in advance were clearly incorrect positions.

It represents companies, initiators, financial institutions and investors in all aspects of economic and capital market law. Focus here on the corporate and project finance, in particular the concept of capital market products and the creation of prospectuses and the financial services and capital market law, in particular in connection with the enforcement and defense of claims and disputes with BFin.





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