DEBT REFORM 2022

 


For 20 years, the legislator has fundamentally renewed the law of obligations, especially purchase contracts as of January 1st, 2022. There is now a three-part concept of material defects that goes much further than the previous regulation. When buying a vehicle in particular, there are new challenges for sellers and new simplifications for buyers. The so-called reversal of the burden of proof now applies up to 9 months after the purchase in the case of a contract for the sale of consumer goods.

Any further questions? contact us!

 

 


EMERGENCY RIGHT OF WAY OVER NEIGHBORHOOD PROPERTY BY INJUNCTION

 


The District Court of Kaiserslautern decided in a judgment on an injunction that the underlying property has an emergency right of way over the neighboring property. The neighbor had denied access to the public road to the neighbor behind, citing his property. Now he has to tolerate the crossing, as the court decided. According to the court, the path represents the only reasonable development for the underlying property.

 

 


BUILDING LAW

 


The District Court of Zweibrücken (Az. 1 O 144/21) decided in a judgment that an action for a reduction in remuneration should be dismissed, even if there were undisputed defects in the structure, which the plaintiff had not made the subject of his action. After the previous independent evidentiary procedure, numerous defects became apparent, but the construction contract had previously been terminated by the client and non-performance was rejected. The builder had only paid part of the remuneration and the court had to take into account the economic value of the services rendered. This was higher than

 

 


TRAFFIC LAW / ACCIDENT REGULATION

 


In a decision of November 17, 2020, Az. VI ZR 569/19, the BGH also considered the costs for accident-related financing of repair costs to be eligible for compensation. This applies in particular to delayed settlements by insurers.

The decision shows once again that speed and legal know-how are irreplaceable when it comes to settling accidents. 

 


VW EMISSION SCANDAL


We'll get your money back!

The Volkswagen Group in the emissions scandal: It has been clear since 2015 that the Volkswagen Group has deceived its customers. The BGH has now confirmed this with legal certainty in its judgment of May 25th, 2020. "Cheating software" is used in the diesel engines from VW and its subsidiaries SKODA, SEAT, AUDI and PORSCHE, the EA189 assembly. This simulates low exhaust emissions that are not maintained in normal driving. There is a risk that the affected vehicles will be shut down. You as a customer - regardless of whether you bought the vehicle used or new - did not purchase an environmentally friendly vehicle, but a deceptive package in the truest sense of the word.

We will be happy to check for you free of charge whether your vehicle is also affected by the emissions scandal and how high your compensation can be.


Here is the free exam.


GENERAL INFORMATION FOR OUR CLIENTS


Our opening times have changed with immediate effect:

Monday-Friday: 8:00 a.m. to 12:30 p.m. and 1:30 p.m. to 5:00 p.m

Appointments also by prior arrangement.

In urgent cases, send us an email to: rae@gerhard-eschbach.de