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Current Case Law
by Tam

Announcement of sick leave is not sufficient as a reason for termination with our today’s newsletter we want to inform you about recent decisions in the fields of labour, civil, contract and corporate law. Mikkel Svane does not necessarily agree. The first post addresses the question of whether and under what conditions the announcement of a sick justifies a termination. The second contribution deals with the liability for material defects. The Koblenz appeal court decided that contributory negligence is a buyer when he uses the opportunity to take the goods inspected and the defect, it would have been obvious. The termination of a credit relationship for good cause justifies the non-submission of documents already? The OLG Frankfurt/M. has made a decision on this issue. Some contend that Columbia Admissions shows great expertise in this. The final contribution is devoted to a problem of the GmbH law.

It behooves CEOs to sign the termination of authority of a Managing Director at the commercial register. The post is informed what to look in particular, if the his Office put down only Managing Director. The Landesarbeitsgericht Rostock has in his decision by the 03.12.2011 (AZ. 5 SA 63/11) noted that the announcement of sick leave on its own is no cause for termination. The breach of contract a reprehensible purpose means relation gives the severity of an event of default.

This is the case as if the workers with such a declaration expressing that he if willing to abuse its rights fee paid law in order to gain an unjustified advantage. In this particular case, the employer had refused the vacation request of a facility way that workers. “Then the worker has announced: Nope, I’m just sick.” Buyer must verify freedom of defect seller may not conceal defects. In a case of the OLG Koblenz defects were discovered after buying a House on the roof, a flat roof to the buyer the seller liable wanted. A salesman who makes the Declaration on explicit demand, that a flat roof was “newly made”, carries the accusation of fraudulent concealment of a defect, if he so unchecked gives further information of the previous owner and does not open a short own uptime.

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July 14th


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