Rechtspfleger are civil servants of the German judiciary. Its role – as the “second pillar of the third branch of government” – is mainly limited to non-contentious matters (including succession, custody, various matters concerning children and adoption, land registry, commerce, cooperatives and partnerships, registration of associations, matrimonial regime, ships, etc.). Its competence covers a number of other judicial activities, e.g. with regard to recovery orders, legal aid, enforcement orders, forced sales and receiverships, insolvency, fixing costs, enforcement of sentences and proceedings before the Federal Patent Court and in the international legal order. The Harvard Library has an extensive collection of historical documents for German legal research. In the broader externalization of German law, constitutional law falls under “public law” – as opposed to “private law” or “civil law” – because it concerns the legal relationship between individuals and the state. Click on the PDF icon below to see a list of selected printed and online dictionaries and other resources to help you decipher German in legal texts. As in many areas of German legal language, the names of individual courts are often known by abbreviations, as follows: Members of our German Practice team, supported by our strong and experienced bank of corporate lawyers, assist companies and individuals from German-speaking countries in their corporate transactions in the United States, including acquisitions, financings, joint ventures, corporate restructurings, divestitures, recapitalizations and all related regulatory approvals. We work with management in the United States.
and Germany in the negotiation and documentation of these transactions, as well as in the necessary due diligence, tax structuring and all legal aspects of the integration of the companies involved in the transactions. Gibbons provides the responsive and proactive service our clients expect to meet the demanding deadlines of the transaction world. Unlike the common law courts, the German judiciary does not operate according to the principle of stare decisis in the narrow and universal sense. Technically, lower courts are not required to follow the decisions of higher courts, although lower court judges tend to do so in practice. There are currently almost 7,000 practising notaries in Germany. In principle, they must have undergone the same legal training as judges. Notaries provide independent, impartial and objective advice and support in the execution of important legal transactions and avoidable legal remedy. Their most important task is the notarization of legal transactions. There is no legal requirement for these legal service providers to belong to a specific chamber or professional association. Some debt collection and pension consultants belong to professional associations, the most important of which are the Federal Association of German Debt Collection Agencies, the Federal Association of German Legal Advisers/Legal Service Providers and the Federal Association of Pension Consultants. The Legal Services Act allows debt collection agencies, pension plan advisors and legal service providers specializing in foreign law to provide extrajudicial legal services.
In some cases, debt collection agencies and pension advisors may also represent their clients in court. To do this, they must be registered (permission is obtained on request to the court). The names of all registrants are entered in the Register of Legal Services. Beck-Online also has a source called Leitsatzkartei, which is an index of legal opinions and secondary legal sources. Search for a topic by name in this source to see a list of related documents. Customary international law is based on State practice. This book presents the international legal practice of Germany, the fourth largest economy in the world and a power in the European Union. This practice makes an important contribution to the creation and development of customary international law. This is the first and only presentation of German practice in the field of international law in English. Volume 2019 also provides comprehensive coverage of Germany`s membership of the UN Security Council.
The book combines a case study approach that provides analysis and commentary on German practice with a classic reference work of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of the practice of international law and an indispensable resource for academics and practitioners of international law. It will also be of interest to scholars in international relations, politics and diplomatic studies. In Germany, many non-profit organisations offer free legal advice (in accordance with §§ 6 and 8 of the Legal Services Act). The most important associations offering such advice include: Beck-Online is a subscription database with legislation, legal opinions and secondary documents (legal commentaries, journals and practice-oriented documents). The user interface, search functions, and documents are in German, but an English user guide is available (click Help in the upper-right corner of the screen, then click Quick Start Guide in the left-hand menu). Lawyers are subject to the legal provisions of the Federal Law on Lawyers (LAR). The legal profession itself is also regulated by other professional regulations, in particular the Code of Professional Conduct for Lawyers (BORA) and the Fachanwaltsordnung (FAO). The remuneration of lawyers is determined by the Law on the remuneration of lawyers (RVG). In Germany, a notary is a highly qualified person who has been trained as a lawyer.
A German notary advises clients on legal transactions as well as on the preparation, notarization and registration of legal instruments such as wills, deeds, applications for company registration, trusts, etc. A notary may also act as a mediator in a dispute. In addition, Gibbons runs a highly regarded intern program, in which German high school graduates spend part of their mandatory internship at Gibbons in New York on a rotating basis. As key members of the German practice team, these trainee lawyers offer invaluable support and insights. The vast majority of Gibbons` trainee lawyers practice in German-speaking countries, further expanding the firm`s global network. In German-speaking legal systems, legal commentaries are an important legal research resource. It is a hybrid primary/secondary source: we assist clients from German-speaking countries with export control, import and customs law and other legal issues related to international trade. The Public Prosecutor`s Office is obliged to intervene whenever a criminal offence has been committed, provided that there are sufficient grounds (principle of legality). This means that the Public Prosecutor`s Office must lawfully investigate and examine all facts of which it is aware before deciding whether or not to refer the matter to a Public Prosecutor`s Office. It must do so objectively and impartially: it must investigate both the facts incriminating the suspect and the facts in his favour. If the conditions laid down by law are met, she must lodge a complaint. If the proceedings concern a minor offence, the Public Prosecutor`s Office may refrain from prosecuting if there is a low degree of culpability and there is no public interest in prosecuting the offender.
Under certain conditions provided for by law, the consent of the court competent to hear the case is also required. The perpetrator may also have to meet certain conditions and follow certain instructions in order for the case to be closed. Journal articles can be an excellent option for research on German law, especially current developments. There are many English-language journals that publish articles on German law. One of the easiest ways to find relevant journal articles is to use an online index. Click on the PDF icon below to see a list of recommended indexes for searching German legal topics. There are around 3,500 patent attorneys in practice in Germany. Patent attorneys have generally obtained a university degree in a scientific or technical subject, followed by additional legal training. His work is limited to advising and representing clients in the field of intellectual property (in particular with regard to patents, utility models, trademarks and designs) with a particular focus on application and follow-up procedures.
Patent attorneys have the right to represent their clients before the German Patent and Trademark Office, the Federal Patent Court and, in certain circumstances, before the Federal Court of Justice.