What Is Half Head Of Highlights?

Expensive paparazzi photo to Bild am Sonntag

The publisher of the weekly Bild am Sonntag has to pay € 50,000 license fee to a 75-year-old photographer, because it published in any manner a paparazzi photo along with articles by him and his wife in their paper. The photo shows the photographer with his wife on his yacht when he reads the image on Sunday. The article next to the photo just stressed the fact that the photographer "as more than eleven millions of other German and" the Bild am Sonntag regularly reads. The photographer then got a fee of 50,000 € for the advertising was collecting the photos and article . The reason was the Ruling, that the publisher has interfered unlawfully in his general right to privacy and his right to their own image and has become an asset to its cost advantage. The image and accompanying text presents the photographer in an obvious situation of the private public, in which he could expect to be unobserved. In contrast, there is only a small privileged information of general interest. Even if it is the photographer for a prominent person of a certain historical significance, the right to protection outweighs the personal sphere to the public interest. Also exacerbates the high attention value Article added. He was in large format in a prominent place on the last page of the newspaper. (OLG Hamburg, Judgement of 08.10.2010, Az: 7 U 130/09)

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right to inspect medical records

you are in your daily practice time and again confronted with the desire of patients, their heirs or other parties and take in medical records of a patient access to want.

Put in this context, several questions: Who should inspect? As far as the right to inspect? Can I prevent this? The following is a brief overview of the most common situations.

first Who owns the medical records?

preliminary arises already the question of who the medical records belong. They are the property of the doctor, the person making it. The medical records do not only serve the statutory documentation requirements, but also the reminder of the physician, the evidence and possible quality control measures. The doctor can proceed with his property freely. He will be limited only by legal regulations. These are, in this connection, the storage requirement and medical confidentiality.

second The patient himself will inspect

If the medical records but are the property of the doctor, he must then give the patient insight? This question is clearly answered with "yes". This is both case law of the Federal Constitutional Court and the other prescribed in § 10 para 2 of the MBO for medical or § 12 para 4 of the MBO for dentists. The right of inspection results in particular from the right of patients to self-determination and personal dignity. You are therefore required in principle to the patient in your practice areas, the inspection grant. The patient can make in your practice at their own expense, copies. However, he has no right to the entrainment of the original documents.

includes principle, the right to inspect the entire medical records, including all-made notes on the clinical picture of Patients and identifying the patient is this case itself to meet the individual case, the balance between the right of patients to self-determination and the personal rights of the doctor who has an interest in the records which are only for him and not for the patient, to black.

The Federal Constitutional Court by order dated 09.01.2006 the right of patients assumed to have a considerable weight, so that the inspection will be rejected in all the notes only in exceptional cases. The problem arises in particular whenever the right of inspection meets with your medical concerns. This may be the case not yet confirmed diagnoses serious diseases, the risk of depression in psychiatric and his findings. Also in this case there is the fundamental right of access. However, flows into the consideration of whether the personal records of the "therapists" must be disclosed, the question of the possible adverse effects on patients with one.

The District Court of Bremen has committed in a partial decision of 25.07.2008 a therapist, the nachbehandelnden to provide medical consultation, so that decides what information the patient can get safely. The doctor was allowed to pre-treatment, however, previously black notes he had made for himself about the patient and were close on his own personality.

third Inspection by third parties

In the event that the patient's right of inspection to a third party (insurance company, pension insurance, health care professional) are contractually cedes that specified above.

So, the District Court Duisburg Judgement of 16.08.2007, that a doctor's obligation to the patient as possible to help, through the release of medical records to a specialist for further treatment sufficient enforcement colleagues. You should, however, the Medical Records of patients in each case carefully.

your duty of discretion is, moreover, to the police and the prosecutor. Again, the issue may be required only when there is an effective medical records. Otherwise, it requires a court order by the presumed will be the patients.

4th Inspection by the heirs

The inspection request of the heirs of a patient should be treated the same way as the inspection of any other third party. In a present of Medical Records, you are obliged to grant the inspection.

In the event that you are accused of medical malpractice, you should grant access because of the presumed consent of the deceased must be assumed.

5th Inspection by MDK and financial authorities

Compared with the MDK are you to transmit the data requested by law (§ 275 SGB V) required. It is important to the request of the inspection report to the eighth and surrendered only the requested documents. If not requested documents mitübermittelt, this is a breach of the duty of dar.

Compared to the tax authorities, you are obliged for reasons of public policy (decision of the Federal Administrative Court) to disclose. Medical confidentiality resigns here.

6th Conclusion

you should consult your notes always be aware that there are various inspection facilities. Especially in the foreign history, you should indicate that the patient could possibly inspect the records. Whether the statements of relatives / friends are still relevant then, but the question

What Does A First Period Look Like?

After quite unfair warning: pay lawyer must damages

The following decision relates to a very unfair competition Abmahnserie the now defunct webdiscount4you.ltd. This, we showed in the autumn of 2008 Abmahnverhalten quite abusive. finally decided on this the LG Würzburg 21.10.2008 (file number 14 O 1631/08) has. This decision used to be a great success, because at this moment no decisions were due to abuse of rights. The approach of the opposing attorney was so conspicuous that our clients here and set to defend against legal costs that could offset the economically powerful Limited, have made directly to the lawyer claimed the Limited. After a long legal dispute until we were finally able to successfully ride the following sentence, with the warning of the limited attorney was sentenced to personally bear the costs. To our knowledge, this was the first decision in which a lawyer has been successfully regress without the procedure was parallel to the warnings party.

Specifically, it is called in this decision:

facts

The class makes MoM. the defendant for reimbursement of pre-trial legal fees due to an intentionally immoral injury claims. The class is in the area of trade in Pet Shops and operates under the company "C" on the Internet as their business is not entitled to deduct Kleinunternehmerin.Der defendant is a consultant from W, which appeared on the Internet. Here, they also offered Pet Supplies on, with prices sometimes inflated to 15 times the normal market price and also some items were faulty was described on the website listed no longer operated in mind that.: "In these pages products and prices shown do not constitute offers, they serve as a showcase to illustrate the functionality of the ePages system." The W was incorporated on 30.5.2008. In a letter v. 9.10.2008 warned the defendant on behalf of the W is the class because of a breach of competition from and demanded the reimbursement of costs incurred for its operations amounting to € 899.40. In a letter v. 9.19.2008 were opposed to the current representative plaintiffs as represented by the class warning. costs incurred for the class amounting to € 899.40, which it now makes MoM. the defendant contends. Overall, warned the defendant for the W into around 20 other companies, and in any event 13 Warnings in the period v. 21.7. until 08.29.2008 and in each case made a claim for reimbursement of attorney, € 899.40 was claimed. Various against other firms from the W trials were conducted from the A AG, whose board sits in the defendant says finanziert.Die class, you would MoM. the defendant's claim for damages from intentional injury according immoral. § 826 BGB. The defendant had cooperated with the W collusive to harm other companies and thereby enrich themselves.

For the reasons

The action is well founded. The class is the alleged damage claim MoM. the defendant made a willfully immoral according injury. § 826 BGB. The notice served on the defendant MoM. The class was very abusive and sittenwidrig.Eine immorality is given if, after their general character, which is to be determined by content, motives and purpose, against the decency of fair and just thinking contrary (Palandt / Sprau, BGB, § 826 para . 4). For the present immorality talks already, that the alleged injunction acc. § § 8 paragraph 1, 3, 4 No. 11 UWG according to § 8 paragraph 4 UWG was quite unfair. The Court concludes that regard, the legal opinions and findings of the LG Marburg in the ruling of 09.09.2008 (ref. 2 O 252/08) and the LG Würzburg, Judgement of 21.10.2008, (ref. 14 O 1631/08 [= MMR 2009, p. 200]) to. An injunction is an abuse of rights whenever go out in all the circumstances of this is that the legal action brought against the competitors are used to make a claim against him for reimbursement of expenses and costs incurred by the prosecution. Such circumstances are regularly present when the players made themselves being marginal, the competitive relationship between the parties, only slightly, the warning inaccurate or incomplete terms of clauses of minor concerns, which are billed to an exaggerated charges in dispute and also many other competitors, which also has only a marginal competitive relationship to be taken in the same way in claim (BGH, Judgement of 5.10.2000, AZ I ZR 237/98). For the abuse of rights in this case the warning says that the client of the defendant even on the market was not active. The website set up by her had several faulty item titles and also a number significantly above the market value prices. Finally, at the website clearly indicated that the rates on your page to see prices to illustrate the function of ... Shop system used. From all this also is clear that in fact a mark of participation is not W is and not intended. In addition, after the establishment of the W on 5/30/2008 abmahnte in this short period of over 20 competitors, while alleged especially in the period 21.7. 29/08/2008 13 warning letters to explain the defendant did. All this suggests that the W in conjunction with its consultant it, namely the defendant solely of efforts to achieve revenue and by warnings in this regard to enrich at the expense of others. After all, the 20 warning letters and the detailed notes of the defendant's costs of € 899.40 each a total of nearly € 18,000 would - cause at the expense of W, which could not pay at all. Consequently, the quantity of the warning was not in proportion the quality of the market participation of W. The targeting of other market participants without any apparent personal interest in the sale of goods is indicated not only the extent of rights in the warning, but also the immorality of Verhaltens.Dabei the court assumes that the W to the collusive defendant has cooperated. The defendant is in itself, as a consultant to be hired by the W. The fact that the W itself exercised no market activity was also aware of the defendant. As CEO of A Ltd and in his capacity as advisor to the W knew he had insight into their business activities and, therefore, that a serious participation in the market should not be. Rather, the defendant intended, by the additional warnings earn money. This was done without their own risk as to the outside as the W-adhesive occurred. It is well known that executions in England not only with increased costs and time are connected, but on a regular basis due to the limited liability of claims for payment of these W MoM. remain unsuccessful. The chosen design could lead to the defendant without its own financial risk and to his warnings and enrichment processes and thus hope to payments by third parties. In that regard, he acted not only with the W together immoral, but also vorsätzlich.Unerheblich is whether the class or its lawyer has acted anti-competitively. Even if this is the case should have been, not the liability of the defendant in the present intentionally immoral injury. Through the deliberate immoral behavior of the defendant joined in the class A damage in the form of pre-litigation attorney's fees incurred.

Does Office Depot Layaway

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How To Get The Athletic Supplement On Common App

Supreme Court decides on the recognition of tax benefits for investments

The Third Civil Division of the Federal Court had to decide again on the question of recognition of tax benefits arising from an investment, (BGH, Judgement of 15.05.2010 - III ZR 336/08). The plaintiff sued the

defendant for damages for an investment, which he had drawn. He demanded back the subscription amount, the defendant said that the plaintiff has obtained tax benefits should be credited.

According to the BGH recognition of tax benefits is in the process damages the investor's generally not considered, although you might find the damages subject to taxation. Something else may also apply when Evidence of exceptional tax advantages exist to the injured remain under consideration of the controllability of the compensation, for such circumstances but with the injury, the pleading and proof.

According to the Federal Court judge would enforce a claim for compensation unreasonably difficult, if known tax benefits would be deducted from the investment of the compensation claim and leave it to the injured party would that be asserted from the taxation of compensation for handicaps at a later date . Moreover, would computational advantages that may arise from the fact that the victim a tariff reduction under § 34 para 1 No 1 Income Tax Act or a general lowering of tax rates leads to good, do not constitute exceptional tax benefits that would relieve the tortfeasor of his liability for damages.