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Recent News From GRP Rainer LLP

  • Company reintegration management program necessary in cases of dismissal due to illness

    Company reintegration management program necessary in cases of dismissal due to illness

    Published: 27 Dec 2017

    Before issuing notice of dismissal on account of illness, an employer ought to assess whether the relevant employee’s inability to work can be overcome with the help of a company reintegration management program. The employer ought to explore whether the employee’s incapacity to work can be overcome by means of what is referred to in German as a “betriebliches Eingliederungsmanagement”, or “bEM”...

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  • Successful loan withdrawal due to unclear information regarding conclusion of building insurance

    Successful loan withdrawal due to unclear information regarding conclusion of building insurance

    Published: 20 Dec 2017

    Missing or incorrect mandatory information in relation to real estate mortgages that have been taken out since June 11, 2010 means that loan withdrawal is still a possibility. Real estate mortgages that were concluded after June 10, 2010 are not affected by the so-called the “ewiges Widerrufsrecht”, aka perpetual right of withdrawal. We at the commercial law firm GRP Rainer Rechtsanwälte no...

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  • M&A transactions: Amendment to the Außenwirtschaftsverordnung means more rigorous auditing

    M&A transactions: Amendment to the Außenwirtschaftsverordnung means more rigorous auditing

    Published: 15 Dec 2017

    M&A transactions were heading for a record high in Germany last year. German firms were a popular target among foreign investors interested in corporate takeovers. Probably due in no small part to the rising number of company takeovers from investors based outside of the EU area, Germany’s federal government wants to take a closer look at these kinds of transactions, with the ninth regulatio...

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  • 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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