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Recent News From GRP Rainer LLP

  • Dismissal on grounds of conduct requires proper justification

    Dismissal on grounds of conduct requires proper justification

    Published: 08 Dec 2017

    If an employee violates obligations set forth in his employment contract, he may then be issued with notice of dismissal on grounds of conduct. That being said, the notice needs to well prepared if it is to be effective. If an employee is covered by the Kündigungsschutzgesetz, Germany’s employment protection legislation, his employer must justify ordinary notice of dismissal for it to be is...

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  • OLG Köln: Contesting acceptance of an inheritance on account of an error

    OLG Köln: Contesting acceptance of an inheritance on account of an error

    Published: 07 Dec 2017

    If an inheritance is not rejected within a period of six weeks then it is deemed to have been accepted. Notwithstanding this, it may still be possible to contest the acceptance of the inheritance. As a matter of principle, an heir is not obligated to accept an inheritance. He or she has a period of six weeks after learning of their status as heir in which to reject the inheritance. Failure to re...

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  • GRP Rainer Rechtsanwälte – Experience in business succession

    GRP Rainer Rechtsanwälte – Experience in business succession

    Published: 01 Dec 2017

    A large number of small and medium-sized businesses are going to have to make arrangements for business succession in the near future. There are various possible approaches to organizing succession. According to a study conducted by KfW Research, approximately one in every six small and medium-sized businesses will be planning for business succession by the year 2018. The study states that aroun...

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  • GRP Rainer Rechtsanwälte: Valuation of commercial agents right to compensation

    GRP Rainer Rechtsanwälte: Valuation of commercial agents right to compensation

    Published: 30 Nov 2017

    After a commercial agency agreement has been terminated, the commercial agent is normally entitled to compensation. The assessment of the extent of this right to compensation frequently gives rise to disputes. During their period of service to a company, commercial agents maintain existing contacts and establish new ones. If the commercial agency agreement is terminated, we at the commercial law...

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  • Strict test for testamentary capacity if serious delusions suspected

    Strict test for testamentary capacity if serious delusions suspected

    Published: 24 Nov 2017

    The testator must have testamentary capacity as a prerequisite for a valid will. Chronic delusions can give rise to a lack of testamentary capacity, as demonstrated by a ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt]. In principle, a person who is of legal age is deemed to have the capacity to prepare a will. Notwithstanding this, the following preconditions...

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  • GRP Rainer Rechtsanwälte – Experience in establishing companies

    GRP Rainer Rechtsanwälte – Experience in establishing companies

    Published: 20 Nov 2017

    Choosing the right corporate form when establishing a company can contribute a great deal to the economic success of the business. We at the commercial law firm GRP Rainer Rechtsanwälte advise numerous businesses on company formation and takeovers as well as in the event of a change of partners or shareholders. In our experience, the partners or shareholders frequently neglect one critical ...

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  • OLG Köln: Will written with non-dominant hand valid

    OLG Köln: Will written with non-dominant hand valid

    Published: 17 Nov 2017

    It is possible for a will to be valid even if it was written with the hand one does not normally write with. That was the verdict of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] in its ruling of August 3, 2017 (Az.: 2 Wx 149/17). In addition to preparing a notarized will, a testamentary disposition can also be handwritten. To this end, the will needs to be written fro...

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  • OLG Köln: Only serious misconduct justifies withdrawal from contract of inheritance

    OLG Köln: Only serious misconduct justifies withdrawal from contract of inheritance

    Published: 13 Nov 2017

    Apart from a will, it is also possible to prepare a contract of inheritance as a way of organizing one’s estate. It should be noted, however, that a contract of inheritance has a significantly stronger binding effect. In the absence of a will or contract of inheritance, the rules of intestate succession apply automatically following the death of the testator. If these run contrary to the testato...

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