Law of Obligations

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

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

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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

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.

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

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”). 

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