Sunday, November 21, 2010

Brazilian Wax Uncensored Man

parents keep

be, we are increasingly sought by clients that are prompted by the welfare agency to pay for their parents living. Parents are always dependent for their children. Some children like to do this, it does not then naturally to such a dispute. But often these relationships are very turbid. The Supreme Court once again explained to (Az XII ZR 148/09) that a disruption of family relationships within the meaning of § 1611 BGB generally not sufficient to establish undue hardship as defined in Book XII. The forfeiture for serious misconduct put forward rather the fault of the creditor, it is not enough if he had acted intentionally in a natural sense.

Sunday, November 14, 2010

Samples Of Congratulatory Speech

landmark decision of the Supreme Court to pay compensation for the revocation of a consumer

The Federal Court in a decision dated 03.11.2010 (VIII ZR 337/09) the duty to compensate a consumer for the revocation of a distance contract affirmed and rejected any cuts due to the putting.

background of the decision was a closed in August 2008 purchase agreement for a water bed for the price of 1,265 €. As part of the cancellation was noted that regular filling of the mattress of the waterbed deteriorate and not because the crib is to sell as new. After the water bed was delivered to the purchaser, built on this water bed and the mattress filled with water. He then exercised his right of withdrawal and called the seller to refund the purchase price on. The vendor reported only a partial amount of 258 € and claimed that the bed due to the putting was no longer for sale. Only the heating with a value of 258 € is recyclable.

The district court has granted for repayment of the balance of the purchase price of 1.007 € directed action in the first instance. The district court dismissed the appeal following the seller. Directed against the revision of the seller before the Federal Court had now no success. As a result, the Eighth Civil Division of the Federal Court stated that the buyer may demand the return occurred despite the depreciation of the full purchase price may, if he has examined the goods only. It remains to be noted: A time avowed opposition by the Consumer in the distance contract has the effect that it has received are to be returned by the Parties. As far as the object received has deteriorated or has been destroyed in the meantime, the debtor must pay compensation instead of return. In this case, the consumer must also pay compensation for a pay by the intended putting into use of deterioration caused when he was alerted to the latest on the contract in writing to this consequence and a way to avoid them. The liability for compensation is not, however, if the deterioration due entirely to the examination of the matter is. Since the deterioration was due in this case solely on the examination of the case, the structure of the bed and filling the mattress with water was used to test the revision was rejected.

Tuesday, November 9, 2010

What To Do When Pet Hamsterr Is Bleeding At Tail

Longtime workers cheating by 160 € - invalid termination

We have already reported that the Federal Labour Court (BAG) has amended its law in property crimes. In the "Emmely" the BAG had declared a cancellation without notice due to recovery of coupons to the value of 1.30 EUR to be ineffective. So far, it was so that the BAG justified, even for very minor theft cases dismissed without notice for held. In the "Emmely" resulted from the BAG, the offense was indeed serious, ultimately would but, given the associated with the termination serious losses that outweigh the benefit of the applicant in the consideration to be included viewpoints. In particular, the over thirty years include no legally relevant defects extending employment, would have acquired by the applicant with a high level of confidence. That belief has been the non-atypical and unique in many respects, termination of affairs completely destroyed. As part of the assessment is to take into account the relatively minor damage. So be a warning was appropriate and sufficient.

now has the country's Labor Court (LAG) Berlin / Brandenburg in a decision of 09.16.2010 (ref. 2 SA 509/10) explains the dismissal of a railway employee to be ineffective. This was employed for 40 years as a train ready and Erin had celebrated her 40th anniversary of service to colleagues. She then presented the employer received from the catering company complacency receipt for 250.00 EUR for entertainment expenses and had to refund that amount. The actual costs were only at around 90.00 EUR. The employer was the scheme to take proven entertainment expenses reimbursed up to 250.00 EUR be. Referring to the case "Emmely" the LAG has taken into account primarily the 40-year-old Complaint Free time employment in favor of the worker, which led to a very high "confidence capital". This had been destroyed not by a single offense. It should also be taken into account that the employee immediately admitted the violation, they found themselves in the act outside of their normal business and they have not committed the breach in the core area of its activity. All these factors have for the opinion it was the employer's interest in terminating the employment relationship, the face of massive fraud plot quite a very high weight would have been attributed, ultimately prevailed.

Here was the rare peculiarity that the employee collective agreement is no longer properly, ie with the usual notice period of seven months, then, was terminated and the employment relationship therefore continued. Otherwise, the LAG would be probably at least take the alternative, timely termination and the employee would be eliminated with a period of seven months.

Even this ruling is worrying. Anyone who tries to cheat his employer to 160.00 EUR, has destroyed the trust term. Workers can only be warned not to steal things or in the future Property crimes to commit. Employers will continue in such cases with immediate termination very good chance of success, and should not shy away from such a status.

Monday, November 8, 2010

Fakku Naruto Doujinshi

copyright - use of third party images / photos

The idea of an image from another vendor is used to implement fast and can just as quickly become an expensive affair. Because copyright protects the provider from having his picture material is used without its prior consent, § § 15 et seq Copyright Act (UrhG). In the course of a received warning you see then exposed to high Abmahnkosten quickly.

In legal terms, are photographs photographic works acc. § 2, No. 5 Copyright Act, or at least according to photographs. § 72 Copyright Act.

is According to § 72 para 2 UrhG the light generator to the exclusive right to use, copying and dissemination.

a copyrighted photograph may be, without the prior permission of the photographer as author not be reproduced, distributed or made publicly available, ie can be set to the Internet.

Under § § 2, No. 5, 72 Copyright Act, any photograph or photographs, is protected if it has reached a certain threshold of originality. Under the principle of "small coin" apply to the patentability of photographic works. Here are few requirements, so traveling telling shots which were not created to protect wahrlos objects. A special level of creative and creative design is not required.

The infringer faces injunction damages, as well as information requirements, and legal costs suspended.

injunction

Contrary to the assertion of Schadenseratzansprüchen consists of injunctive relief, regardless of fault of the user. So it does not matter that the user was aware of the copyright of another. In this context it should be noted that an appropriate copyright notice for the existence of copyright irrelevant. Proof of authorship to a photo is always on the submission of the image file. On the higher resolution of a recording, it is assumed that only their authors and the owner of the exclusive rights of use.

compensation claim

case of copyright infringement, the injured in accordance with § 97 of the Copyright Act (UrhG) a claim for damages. The problem is the question of how to calculate the damage in concrete terms. recognized in the case are three variants of the damage calculation, namely

- the actual damage, in particular loss of profit

- the violator's

- Damage calculation by license analogy.

In most Cases, the quantification of a specific defect or a specific infringer's very difficult.

common practice is therefore a calculation of damages under the so-called license analogy. It is a license agreement fiction. This is based on the idea that the person injured should not be made better off than he would have been granted with permission of the copyright holder.

Regarding the amount of license fee, for example, the rates of VGBildkunst or the tariff rates of the SME Community Photo Marketing (MFM) is used as a guideline.

Friday, November 5, 2010

Sample Of A Commercial Offer

compensation claim in Trademark License Agreement

is basically known to the agent on termination of agency contracts may have a right to compensation by the employers pursuant to § 89b HGB. The termination shall be by notice to the proprietor or for example, by a termination agreement.

is already so well known that the Supreme Court applied in accordance with § 89b HGB compensation claim with other contracts. Also in dealer contracts or franchise agreements can the dealer or franchisee a right to compensation on termination of the contract entitled. In principle, one could ask whether this law applies to a Contract for the license.

The Supreme Court (Judgement of 29.04.2010 - I ZR 3 / 09 - JOOP) has now ruled that a compensation claim even if the licensee a trademark licensing agreement is considered in principle. However, here again, the conditions for the appropriate application of § present 89b HGB, namely in particular the involvement in the sales organization of the contractor and the agreement that the customer base to the manufacturer or supplier should be the extent transferred, so that the benefits of the customer base now and make readily available.

If the aforementioned conditions, so also the licensee at the termination of the licensing agreement the licensor of the compensation for the customers demand. This may be a significant burden on the licensee or an economically very welcome payment the licensee to act.