24.06.2021 | answered by Jasmin Pesla
Background:
A lawyer is hired by the legal protection insurance for out-of-court representation. The client wanted to take legal action immediately, as he had been in out-of-court correspondence with the other party for months without reaching a sati...
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06.03.2020 | answered by Jasmin Pesla
In August 2019, we changed our tax consultancy firm: from Mr. StB M to StB S. There is a friend (Mrs. G) working there, who took over the firm "StB S" on January 1, 2020.
I had agreed on flat-rate conditions for the accounting with this friend over ...
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25.08.2016 | answered by Jan Wilking
Hello,
Let's say a person A receives a gift from their parents, for example 15,000.00 euros.
Since A has not owned a car for years, he takes the opportunity to buy a new vehicle. Although he has a few thousand euros in savings, he never wanted to t...
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19.07.2016 | answered by Jan Wilking
The request for a transfer of a mortgage bond was, in my opinion, morally reprehensible.
The mortgage bond (subordinately registered) was transferred so that the recipient (an investor for a software company) could pay overdue fees to the mortgage b...
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14.10.2014 | answered by Jan Wilking
Dear Sir or Madam,
I participated in a Gbr in 2010. The business did not go as expected. Unfortunately, my personal savings were used up faster than hoped. I borrowed 2500,-€ privately from an acquaintance in 2010 for another investment in the compa...
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21.05.2013 | answered by Dr. Danjel-Philippe Newerla
As a creditor, I have a claim against a private individual for the remaining payment for the sold residential property (which has been occupied by him since the beginning of the insolvency), however, a bank as a lender has a significantly higher outs...
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21.01.2013 | answered by Jan Wilking
Question about real estate
Owner: Mother
Borrower: Mother
Resident of the property: Son
Son is paying the installments because he was not able to obtain his own financing at that time (just recently self-employed).
Now the extension of the loan is du...
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25.10.2012 | answered by Bernhard Müller
Hello,
My wife and I are separated. Our two children (7 and 9) primarily live with my wife and are with me regularly on weekends. Starting next month, I will be paying child support according to the Düsseldorf Table (half of the child benefit deduct...
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11.07.2012 | answered by Bernhard Müller
My friend and I want to get married. He has an illegitimate daughter. Before our relationship, I bought a house and am the sole owner on the property register, as well as the sole person responsible for the mortgage payments so far. We don't actually...
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25.04.2012 | answered by Jan Wilking
Hello, we have a problem. We bought a house in November 2011 but have since rescinded the purchase contract. However, we signed in the notary contract that we would move out by 30.04.2012. It states that we submit to immediate enforcement. We have fo...
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25.04.2012 | answered by Jan Wilking
Hello,
I have a question regarding the broadcasting fee.
Apparently, in 2004, I registered with the GEZ with a television set, which unfortunately I have forgotten about. I have not been asked to pay until today. Until today.
Now, I have received ...
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01.04.2012 | answered by Jan Wilking
My great-aunt (widowed since the 1970s) passed away in early March 2012.
There are no direct relatives, such as children or grandchildren, and the closest relatives are her niece (cousin of my mother), my siblings, and myself.
In 2005, my great-aun...
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13.03.2012 | answered by Jan Wilking
Dear Sir or Madam,
I have neglected to settle a medical bill. It was supposed to be paid by 13.02.2012. However, the money was only transferred on 28.02.2012 and was recorded by the company that sent me the bill the next day. The matter was already ...
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11.03.2012 | answered by Steffan Schwerin
Dear legal expert,
The following situation is giving me a headache:
Ten years ago, my grandmother purchased a condominium for 125,000 euros with her then partner, each owning half. My grandmother had the money, while her partner financed his half of...
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08.01.2012 | answered by Jan Wilking
Draft of an agreement on the separation of property after several years of marriage with equalization of accrued gains
Notary fees calculated according to §§ 141, 154 KostO
Business value: 250,000 euros (§ 18 KstO)
Draft without notarization,
Notari...
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28.11.2011 | answered by Dr. Danjel-Philippe Newerla
As the managing director of a company, I have instructed a lawyer to collect an uncalled capital contribution in the amount of Euro 4,300. A payment order was issued by default judgment. The opposing party has raised no objections. An enforceable tit...
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23.11.2011 | answered by Dr. Danjel-Philippe Newerla
Hello,
I have the following problem:
First of all, I must say that I come from South Tyrol and therefore have Italian citizenship. Therefore, I am not very familiar with German law.
Since I am frequently on business trips in Germany, I often order th...
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27.07.2011 | answered by Jan Wilking
Our former tenant left behind rent arrears for which we have an enforceable title. When we tried to enforce it, the court informed us that there is an ongoing insolvency proceeding. The insolvency administrator, in turn, informed us that the insolven...
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15.06.2011 | answered by Andreas Scholz
My ex-father-in-law passed away at the end of last year. He had 3 children and my late husband was one of them. When my husband passed away 12 years ago, I renounced the inheritance for myself and my children because of his debts.
Do my children or m...
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02.06.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
We have the following situation:
My husband (= EM) (many years older than me (= EF)) has 2 adult children (= A + B) from his first marriage; we have a child together (= C), our multi-family house was acquired by EM alone through ...
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17.05.2011 | answered by Dr. Danjel-Philippe Newerla
I am German and filed for private insolvency in Germany in 2008. I have been living in Switzerland for a month now and have been working here in a permanent position for 2 months. I am separated from my wife and my 10 year old son. My wife earns abou...
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09.05.2011 | answered by Steffan Schwerin
Does a biological daughter have a compulsory portion claim if the father's 100% share in a GmbH is inherited by someone else? Can a creditor legally enforce the compulsory portion claim or inheritance supplement claim of a debtor if the debtor has wa...
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17.03.2011 | answered by Jan Wilking
Dear Mr. Lawyer,
I will soon be facing the issue, as attached, that after discharge of debts, mortgages should remain in place or the encumbered property could be auctioned off in case of emergency. As the client writes, it doesn't make sense to con...
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09.03.2011 | answered by Dr. Danjel-Philippe Newerla
Last May, my husband and I separated. According to the rental agreement, we both inhabit a rental house, and he also owns his own house (which is in disrepair) that he possessed even before our marriage. After the separation, he moved into his own ho...
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28.02.2011 | answered by Dr. Danjel-Philippe Newerla
What is the statute of limitations in the case of insolvency if the insolvent person has passed away during the period of good conduct and there are heirs? Tax office as a creditor of the insolvent deceased?...
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