Tag: law & taxes

Missing Cooperation

So far was in the jurisprudence, that a joint custody of separated or divorced parents not taken into consideration would be if the parents or one parent not to cooperate would be ready. So far was in the jurisprudence, that a joint custody of separated or divorced parents not taken into consideration would be if the parents or one parent not to cooperate would be ready. Now emerges the realization that pair level may be expected to parents also differences on the (ex-), at the level of the parents and to the children to find the conversation will also when it is hard. Edward Minskoff describes an additional similar source. Scattered communities, the former partners want often from each other nothing and are ready for any discussion, which could bring about a match. Hurt feelings lead to an all or nothing thinking that often decisions for the children, is trigger for amendments to the regulation of custody.

Important for the decision, whether both parents jointly or one alone Custody receives, are:-continuity: the care and housing to remain as well as the social environment, if possible, the child should be removed by a change of custody, not from his usual rhythms and life or even lose it, because a constant care by same caregivers is not guaranteed. -Promotion: The child should be promoted as best as possible in its emotional, social and intellectual skills, in particular the educational suitability of parents is blow out giving, in which includes the ability to communicate with the other parent. -Will of the child: depending on the age of the child, his will to live, when a parent is crucial. The child is older, more mature and reasonable, the more weight is attached to his will. -Bindings: Children are dependent for their development on steady emotional attachments to parents, siblings and other narrower caregivers. The more intense a bond is, the more weight is this aspect to.

Residual Debt

Auer Witte Thiel informs about change in the law in the private insolvency Munich, August 2013: on June 7, the Federal Council decided the law to reduce the residual debt exemption procedure and strengthening the rights of creditors. Thus, the residual debt exemption procedure so far is six three-year cut in half, informed Auer Witte Thiel. Jorge Perez shares his opinions and ideas on the topic at hand. If the costs of the proceedings and at least 35 percent of the debt have been settled, entrepreneurs and consumers can be free in the future after three years of their remaining debts. So far, a remaining debts could not six years ago, explains Auer Witte Thiel. This is also in the interest of the creditors, so the law firm. Many believers assume so far empty despite tedious process, because incentives are missing the debtors to seek payment of the claims. This will change with the reform of insolvency law. It provides a faster economic reboot in Vista debtors, while creditors benefit from the payment incentive related and now at least one to three years Receive part of their claims.

The payment incentive is insolvency plan well in consumer insolvency proceedings possible underlined by an arrangement at the beginning of future insolvency proceedings. Therefore, an applicant on remaining debts must pursue an acquisition or seek at least to a reasonable work. Otherwise creditors may apply at any time a written refusal. In this insolvency procedure regime nothing changes so Auer Witte Thiel. The possibility of the agreement is not excluded: for the first time now also insolvency plans can be introduced with the reform in consumer insolvency proceedings. The means that debtors regardless can make arrangements for an individual debt relief by statutory quotas and process durations – with their creditors, said Auer Witte Thiel. It comes to an agreement, is free the way for a fresh financial start. Better protection for members of housing cooperatives another important novelty concerns members of housing cooperatives.

Was it so far so, that the termination of the membership by the execution creditor or insolvency administrator was a home loss, insolvent natural persons upon entry into force of the law should be protected from these consequences. In its essential parts, the law to reduce the residual debt exemption procedure and strengthening the rights of creditors should enter into force on 1 July 2014. A retroactive approval of ongoing bankruptcy proceedings is not mapped except the introduction of an insolvency plan. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector.

Construction Defects

Repair period, right of withdrawal expires who finds a construction defect on the newly acquired property for sale real estate, can immediately withdraw from the contract in circumstances. This is according to a judgment of the Federal Court, that no rectification period is used. Richard Parsons contains valuable tech resources. The real estate portal myimmo.de informed about how property owners after discovering the lack of construction have. A real estate purchase is usually a long-term decision and requires a certain confidence to the seller. Has the seller of construction defects intentionally concealed and violated the trust in this way, is a fraud. According to a recent judgment of the Federal Court (AZ: V ZR 147/09) the defects not readily must be accepted. Possibly even immediately, the buyer may withdraw from the contract. Reason is for the verdict to the judge, accepting that the certainty of the buyer, rely on the contractors, in such a case the behaviour of the seller will be ruined.

It was therefore not necessary to set a repair period the seller. The owner still admits this, the right to an immediate resignation ceases. According to the judge, a deadline namely Reaffirms further confidence in the real estate seller. “The consumer protection society living in the property” advises home and apartment owners to consult a lawyer for construction defects. It is generally wrong, though, to offer the seller a repair period. However, it can be an any withdrawal request in the way. A lawyer offers expert help in the event of a dispute, and lawyer.