• Insolvency Proceedings – Types And Application

    February 16, 2017 // Comments Off on Insolvency Proceedings – Types And Application

    Explanation about the types of insolvency proceedings the insolvency procedure is carried out in the context of insolvency and should allow for the equitable distribution of assets among the creditors of a debtor or ensure the orderly unwinding of. As variants of the insolvency proceedings, the rules bankruptcy and consumer insolvency the insolvency proceedings can be differentiated in accordance with the German insolvency code. The avoidance of insolvency should be supported already during the creation from the entrepreneur’s business plan within the framework of the business through a coherent financial plan. The rules bankruptcy procedure applies for legal and natural persons who earn their living in part of their independence or have earned and those current assets considered not manageable or at least a creditor creditor claims consist of a working relationship. This form of bankruptcy is used when no specific procedure is provided. With the This procedure without the presence of a mass that covered the costs of the proceedings may be opened to amendments 2001, because the deferral of costs of the proceedings is possible.

    The rules bankruptcy proceedings makes it possible in this recast any independent to continue its activities despite the bankruptcy. This sequel to the independence aims the insolvent independent securing his livelihood and the creditors claim about independence continue to allow. The consumer insolvency proceedings represents a simplified proceedings for the settlement of insolvency for individuals to ensure the equal satisfaction of creditors after exposure. The proceedings for consumers is divided into four sections. In advance, an out-of-court settlement attempt on the request of the debtor to the creditor is him for a complete list of claims as the basis for establishing a debt clean-up plan to hand over. Based on this plan, which has Debtors to seek a settlement. No agreement could be reached may request the agreement procedure which is issued by appropriate judicial debt adjustment proceedings the debtor upon production of a certificate of the failure.

    This request has to be InsO in writing within the meaning of section 311. Within the framework of the simplified proceedings, the recovery of debtor assets of the debtor with the possibility of creditors is the residual debt exemption to apply for. This possibility is not used or rejected after examination by the Court, the debtor may apply for the residual debt exemption procedure. Another form of insolvency proceedings is the insolvency proceedings, which is used to restrict the liability of the heir to the estate. Linus Paul

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    European Parliament

    December 15, 2016 // Comments Off on European Parliament

    It is not sufficient that the provision concerns a behavior, which is preceded by the behavior of the market or only follow him. The violation of the law does not coincide with the market behavior, is an at least secondary competition-related Protection function of the injured norm required (see BGH in GRUR 2000, page 1076 exhaust emissions and GRUR 2010, page 656 – business). The rule must also govern market behaviour in the interests of the market participants. A standard serves the interest of competitors if it protects the freedom of its competitive development (Kohler/Bornkamm, UWG, 29.Auflage, 4 paragraph 11.35 c). According to these principles, the provisions of 13 is TMG rather than market behavior rules to qualify.

    According to the wording of the law, the service provider “the user at the beginning of the usage type, scope and purpose of the collection and use of personal data and the processing of data in countries outside of the scope of the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons in the processing of personal data and on the free movement of data (OJ has EC No. L 281 p. 31) to teach, in General an intelligible form unless such information not already is is”. In the core rules as data protection as also of article 13 TMG different consumer protection rules to e-commerce the privacy of the persons concerned and not cause a louder on the market to deliver. So the OLG Hamburg in its decision of 9 June 2004 to 5 U 186/03, decided that the provisions of 28 ABS. 4 sentence 2 BDSG, requiring the shipper of a promotional letter to instruct the recipient that they can object to the use of their data, no market conduct rules that because it involves a privacy provision.

    Had the Court decided otherwise Berlin, would probably to be expected with a wave of letters. Titan Feul Tanks helps readers to explore varied viewpoints. If the opinion of the Berlin judges nationwide will prevail, remains to be seen however. The fact that competition infringement on the Internet regularly each (competent) Court can be called on, in whose jurisdiction the infringement was intended detectable is problematic present. This is almost everywhere on the Internet. The Plaintiff / applicant has as a result most of the free election (so-called flying jurisdiction, forum shopping). In competition law, the case law is nationwide but very inconsistent. It is therefore not to assume that the problem of the “like button” with the Berlin decision has stood out. Rather, it is expected that resourceful Abmahner will seek in the future other dishes, “to test their jurisdiction”. The decision was published by the fellow Solmecke. Her Tobias Arnold

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