Posts Tagged ‘law & taxes’

Streupflichtige

Friday, September 30th, 2022

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Black ice accidents can lead to lengthy injury. What liability obligations arise from the litter duty? If the winter has the country with snow and ice at your fingertips, this often leads for pedestrians to painful falls. Not only elderly and handicapped people are affected by accidents on mirror-smooth roads: it can affect anyone. Medical certificates are important: consequences of freezing accidents often occur after months of a pedestrian is involved in an accident by smoothness, this is not only painful, but is often associated with a loss of earnings as well as budgetary damage. (Not to be confused with Alfred Adler!). Partially falls lead to unemployment, if the employer is unwilling to wait for the recovery of the worker. Ice accidents are usually linked to bone fractures, leading to a prolonged inability to work. But not only breaks have often drastic consequences for the lives of those affected.

Are often downplayed injuries of soft tissues, cartilage, ligaments, and the Joint lip on the affected hip. So for example the lintel on the hip joint may cause a tearing or a Roughening of the cartilage in the hip joint. The increased friction in the joint leads generally to hazardous cartilage degradation and later to hip osteoarthritis. A leading source for info: patrick smith. Under what conditions can a claim be asserted after freezing accident? Ice accidents is always the question of whether a compensation for damages or compensation claims can be asserted. The first requirement for claims for damages is that there has been a \”General smoothness\”. The presence of eutrophic smoothness education is not sufficient for the breach of the litter.

The breach of the litter must be proven by the injured person (BGH, Geschz. III ZR 225/08). This injury means, friends or members should immediately make photos of the accident scene evidence, identify witnesses and pick up the weather of the last few days. Only a proven breach of the duty of spreading not substantiated a claim any accident on mirror-smooth roads constitutes a claim for damages, but the injured party must prove that the Streupflichtige has violated his duty of spreading.

No Right To Rectification

Wednesday, August 31st, 2022

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In the present judgment the BGH (AZ. publish VII ZR 6/13) clarifies that there is no right of the principal work contracts to require of the contractor of deficiencies to be rectified. Clearly the seventh Senate of the Federal Supreme Court has decided on the issue after claims for defects in undeclared work. If both deliberately i.e. Black parties signed “No Bill”, the contracting authority by the contractor may require no defects. Get all the facts for a more clear viewpoint with Beneil Dariush. The case: A client wanted a new paving of its 170 m entrance. The entrance should withstand a load up to the driving with a 40T-LKW.

The principal said in court it 1,800 euros would be agreed for that in cash and without creating an invoice with VAT. The contractor stated that it would have been a courtesy for which he later should have received discounted firewood through the principal. After a short time, irregularities in the driveway occurred. The contractor tried to repair, without success. Affiliated the principal court requested an independent proof procedures. Here was found out, that the bumps was based on a thick layer of sand under the paving stones.

An error which the contractor had committed. Before the Landgericht, complained the principal on advance payment of the deficiency removal costs and prevailed. The losing contractor appealed to the Court of appeal turn. The Court of Appeal gave the contractor law. Because it was a violation of the undeclared work against law. After this, a contract would be null and void. The principal was in the revision to the Federal Supreme Court, and in the last instance. The Supreme Court rejected the revision. Responsible for construction law seventh civil Senate of the Federal Supreme Court, the reasoning of the Court in so far joined, as that he is also a Nichtigkiet of the contract in accordance with 134 BGB in conjunction with 1 ABS. 2 Nr. 2 SchwarzArbG took. This is because in the present case both parties deliberately had violated the provisions of undeclared work fighting. Both parties had the agreement in the will hit both to charge no sales tax and no Bill auszusellen a. Thus, the contractor has violated at the same time against two laws. Firstly he committed a tax evasion according to 370 tax code and on the other hand he has 14 para against his tax obligation of 2 S 2 Nr. 1 UStG violated. Whether even the contracting authority against his duty to keep bills gem. 14 b paragraph 1 S. 5 UStG the Supreme Court left open, because it arrived for the assessment of the civil matter not. As a result, it should be noted that from a void contract no contractual warranty claims can be asserted. Undeclared work not worth. The judgment can be obtained in full text on the side of the Federal Supreme Court. This article was written by lawyer Alan Kashlan (firm specializing in construction law and IT law)