Ali Tahir Sen

2 – Decision review: Criminal Law – The withdrawal from the failed (?) attempt of aggravated robbery

/ Decision review / , , , ,

The withdrawal from the attempt and the robbery are highly relevant areas of criminal law for the exam. On the basis of the decision of the Federal Supreme Court of 24 November 2021 (4 StR 345/21) on the judgement of the Münster Regional Court of 26 May 2021 (22 KLs-61 Js 3088/20-5/21), we delve into both (1) attempted robbery and finally (2) withdrawal, whereby the focus here is on the failure of the attempt.

2 – Decision review: Criminal Law – The withdrawal from the failed (?) attempt of aggravated robbery Read More »

News: Property law – No good faith acquisition of a stolen Lamborghini on a gas station parking lot

/ News / , , ,

The acquisition in good faith may be precluded by gross negligence on the acquirer’s part. In the case of the acquisition of a (luxury) motor vehicle, bad faith on the acquirer’s part may arise despite the presentation of a motor vehicle certificate if special circumstances, such as the existence of a street sale or the absence of a proxy or, in the case of a luxury car, the service booklet, were bound to arouse his suspicion and he disregards them.

News: Property law – No good faith acquisition of a stolen Lamborghini on a gas station parking lot Read More »

Fundamental rights – Lawful revocation of the licence of a pharmacist convicted of adulterating cancer drugs (Bottrop pharmacist)

/ News / , , ,

A pharmacist authorised to produce medicines for the treatment of cancer patients, who massively and thousands of times does not comply with the requirements of the medical prescription, thereby accepting an incalculable health risk for patients, some of whom are seriously ill, and abuses their trust for personal financial interests, is unreliable and unworthy in the sense of § 6 II BApO in conjunction with § 4 I 2 No. 2 No. 2 BApO.

Fundamental rights – Lawful revocation of the licence of a pharmacist convicted of adulterating cancer drugs (Bottrop pharmacist) Read More »

News: General Equal Treatment Act (AGG) & Labour Law – Compensation for damages in case of discriminatory job advertisement on eBay-Kleinanzeigen (classifieds)

/ News / , , , , ,

An advertisement on the internet platform eBay-Kleinanzeigen for applications as a “female secretary” (“Sekretärin”) obliges the advertiser to pay damages under § 15 II AGG due to a discriminatory job advertisement even if the application is made via the chat function.

News: General Equal Treatment Act (AGG) & Labour Law – Compensation for damages in case of discriminatory job advertisement on eBay-Kleinanzeigen (classifieds) Read More »

News: BGB AT & Tenancy law – Rescission, cancellation and reduction in case of grossly negligent ignorance of rental defects

/ News / , , , , ,

Without any enquiries or other expressions of interest by the tenant in the condition of the rented property, the landlord does not have to provide information about this without being asked, so that there is no deception by omission about the actual condition of the rented property. If a tenant fails to inspect a flat before renting it, even though there would have been an opportunity to do so, this generally falls within the tenant’s sphere of risk. It is inevitable that photographs in an advertisement …a

News: BGB AT & Tenancy law – Rescission, cancellation and reduction in case of grossly negligent ignorance of rental defects Read More »

News: Criminal law – No consent in deprivation of liberty in case of deception about travel destination

/ News / , , , ,

§ 239 StGB (German Criminal Code) protects the potential will to move forward, which is the point of reference for consent that excludes the offense, so that a deprivation of liberty exists if consent obtained by trickery or deception results in a non-conscious deprivation of liberty. It is merely a means to make it easier to commit the deprivation of liberty by preventing the expected resistance of the person concerned, but does not lead to an exclusion of the fulfillment of the objective element of § 239 I StGB.

News: Criminal law – No consent in deprivation of liberty in case of deception about travel destination Read More »

News: Fundamental rights – Constitutional complaint against virus protection warning of the Federal Office for Information Security (BSI) not taken for decision

/ News / , , , ,

KasperskyTM ‘s constitutional complaint based on the BSI‘s war­ning that it could “conduct offensive operations itself, or be forced to attack target systems against its will, or be spied on as a victim of a cyber operation without its knowledge, or be misused as a tool for attacks against its own customers” was not accepted for decision by the Federal Constitutional Court for lack of compliance with the principle of subsidiarity of the constitutional complaint (Art. 94 II 1 GG, § 90 II BVerfGG).

News: Fundamental rights – Constitutional complaint against virus protection warning of the Federal Office for Information Security (BSI) not taken for decision Read More »

1 – Decision review: Tort law – Liability of minors

/ Decision review / , , , ,

The protection of minors extends throughout the applicable law. The section on tort regulates the liability of minors under § 828 of the German Civil Code, which, however, has a much wider scope of application. On the basis of the judgment of the OLG Celle of 19.02.2022 (14 U 69/19), we look at this in more detail.

1 – Decision review: Tort law – Liability of minors Read More »

News: Law of Obligations – Invalidity of General Terms and Conditions in case of a reduction of the limitation period to one year in case of health damages

/ News / , , , ,

General terms and conditions which bring forward the ” period of limitation for material defects” do not stand up to a review of their content in accordance with §§ 307 et seq. BGB (German Civil Code) if they exclude or limit liability for bodily injury or health damage caused by negligence or liability for other damage caused by simple negligence.

News: Law of Obligations – Invalidity of General Terms and Conditions in case of a reduction of the limitation period to one year in case of health damages Read More »

News: Law of Obligations: No fictitious & concrete compensation in the case of a repair in order to manufacture the traffic safety

/ News / , , , ,

Also in the case of a partial repair necessary to establish road safety, the combination of fictive and concrete damage calculation violates the “mixing prohibition” (ger. “Vermischungsverbot”). 

News: Law of Obligations: No fictitious & concrete compensation in the case of a repair in order to manufacture the traffic safety Read More »

GDPR Cookie Consent with Real Cookie Banner