In some cases, a mentally ill person is so impaired that he or she is no longer able to care for himself or herself. This can affect his or her own health care, financial or legal matters, and decisions about where to live.

It may be that the person concerned has made his or her own provisions and filled out a health care power of attorney or suggested a legal guardian in a care directive. If there is no health care proxy, a court will examine whether a legal guardian is necessary and decide who this should be. This can be, for example, a relative or a professional guardian.

Health care proxy

In a health care power of attorney, the person concerned specifies who may act in his or her interest and make important decisions if he or she is no longer able to do so, for example because of a serious mental illness. A health care proxy is legally binding and confers on the proxy the right to make decisions on behalf of the principal without the need for a court to rule on it. It can be useful for relatives to motivate a family member with a serious mental illness to fill out a precautionary power of attorney. Because it can be a good way for personal matters to be handled within the family or by a close trusted person. The power of attorney must be signed by the person concerned and should be kept in a place where it can be easily found.

The affected person can authorize his spouse, adult children or other relatives, a close friend or neighbor, a caregiver arranged by a care association or a legal guardian. Spouses or cohabiting partners are also not automatically allowed to make decisions for each other, which is why a health care proxy is important in this case as well.

A relative who is authorized in a health care proxy may have to make important decisions for the mentally ill person in the event that he or she can no longer make decisions for him or herself. For example, he or she has the task of talking to doctors, therapists and other medical staff about the illness and the treatment, and of helping to decide on therapeutic approaches and how to deal with the illness.

In addition, he or she may have to take care of financial, legal, insurance, official and rental matters and decide on the person's place of residence, for example in his or her own home or in an assisted living facility. All of this can be time consuming.

It is therefore important to note that if a relative feels overburdened with the care, it is possible to withdraw from the care. In this case, for example, a professional caregiver takes over the care.

In a health care power of attorney, the grantor of the power of attorney can also specify how the power of attorney is to be structured, for example, whether it is to be valid in the long term or only for a certain period of time and which matters the authorized representative may and may not decide on. Furthermore, the power of attorney can also be divided between two or more persons. These can have the same authorizations and take turns in taking over tasks. However, they can also have different tasks, so that, for example, one takes care of medical matters and the other of financial matters. Furthermore, in addition to the proxy, a substitute proxy can be named, who will only act if the first proxy can no longer perform the tasks.

A person affected can also revoke the advance care directive if he or she is legally capable at that time. He or she must then inform the authorized representative of the revocation, preferably in writing, and ask him or her to return the power of attorney or to destroy it.

Advance care directive

A care directive can be an alternative to a health care power of attorney. In this, someone can specify who is to represent him or her in legal matters if he or she is no longer able to do so himself or herself. The care can refer to one or more areas, namely health care, property care and residence determination. The guardianship order must also be signed by the person concerned and should be kept in a place where it can be easily found.

However, the care directive is initially not legally binding. If care becomes necessary, a court must first decide whether the person named is suitable and should be appointed as a caregiver or not. If so, this person becomes the legal representative of the mentally ill person. The guardian then receives an identity card with which he or she can identify himself or herself to doctors, authorities or banks in order to be able to act in the best interests of the person under guardianship.

The guardianship court monitors the guardian in his or her decisions and demands accountability from him or her in order to prevent him or her from making abusive decisions. The court can also remove the guardian if he or she does not perform his or her duties in the best interests of the person being cared for.

Furthermore, a care directive can also be a supplement to a health care power of attorney. In this way, someone can name a substitute proxy in the care directive if the proxy in the health care proxy dies or is no longer able to exercise the care. If there is no guardianship order, a court would order legal guardianship in this case.
A care directive can also be revoked by the person concerned if he or she is legally capable at that time.

Admission to a psychiatric hospital

Sometimes the relatives are of the opinion that the mentally ill person urgently needs help and should be treated in a hospital, but the person himself does not see it that way. The first thing to consider is whether there are other ways to help the person concerned or to persuade him or her to seek help. For example, relatives may try to convince him to seek professional help voluntarily or to go to a clinic.

Sometimes, however, it may be necessary to take measures against the will of the person concerned, for example to have him or her admitted to a hospital. However, this is only possible if there is an acute, significant risk that the person concerned will harm or endanger himself or others and if there is no other, less drastic way to protect him or those around him.

If such a situation occurs, here's what you should do:

• Call 911 first and describe the issue to them. Then the control center can send a specialist to assess the patient's condition and decide on further action.
• If there is acute danger, for example because the person is attacking others or immediately threatening to kill himself, call the police and the emergency physician.
• Stay in contact with the victim until help arrives to reassure and distract them.

The post Incarceration, care and health care proxy appeared first on Jhcolorpowdercoating.

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Podcast from 3. March 2022 | Design: Henning Klingen*

In January, an expert opinion by a Munich law firm led to an ecclesiastical tremor that was and is felt as far away as Austria in the form of heated debates, outrage and church resignations. It is about the expert opinion of the law firm Westpfahl Spilker Wastl (WSW) on the handling of abuse cases in the Archdiocese of Munich and Freising. 1.900 pages documenting clerical and personal misconduct in numerous abuse cases between 1945 and 2019. 235 perpetrators were tracked down, including 173 priests, and 497 victims.

What dominated the debate in the weeks that followed, however, was one thing above all: the responsibility of Joseph Ratzinger/Benedict XVI., whose term of office between 1977 and 1982 as Archbishop of Munich falls exactly into the period under investigation. The accusation is that Ratzinger knowingly lied in view of a meeting about a priest and abuser. At the beginning of February, he rowed back and apologized for the oversight.

But today we do not want to judge Joseph Ratzinger or talk about individual cases of the expert opinion, but about the problem of abuse itself. Abuse – be it physical, be it mental – is an issue for the church as an institution, for its bodies, facilities. But is abuse also an issue for theology?

I would like to talk about this with my guests today. On the one hand with the Graz church law expert Prof. Sabine Konrad, then with the South Tyrolean moral theologian Prof. Martin Lintner – and finally, with the Viennese pastoral theologian Prof. Regina Polak. A warm welcome!

Perhaps we should approach the topic with a few clarifications. Ms. Prof. Konrad – first of all: Is it possible to state clearly what is meant when we speak of abuse in the church space?

Konrad: "Yes, there is indeed a very wide range of behavior that can fall under this category. The framework order for the Catholic Church in Austria has made an attempt to define different categories here. Because not all behavior is equally serious. So here there are really gradations in behavior and depending on the degree of severity. Everyone has about a natural boundary around them as protection, which, if crossed, can be hurtful. This marks borderline violations. However, the behavior is not as serious as encroaching behavior. Assaultive behavior would mean that boundary violations happen regularly and increasingly seriously. And then, of course, there is the very serious category of crimes. And here we are at the concept of abuse. There we have spiritual abuse as well as sexual abuse. And here again, you have to distinguish between sexual abuse and sexual violence. This means that physical limits are also strongly exceeded here. Mostly starts light with accidental touches, but it should be judged as a planned act and not accidental. Spiritual abuse is a category that one is still trying to define at the moment. So you know that there is, and by that you understand that by means of religious content or under the appeal to spiritual authority, pressure, bondage and dependencies are created."

"Church in Austria has done its homework"

Is the definition you gave taken from state law, or was that an exposition on the church's legal opinion?

Konrad: "That was purely in terms of church law, i.e. what the framework order for the Catholic Church has defined in the measures, regulations and guidelines for abuse within the Catholic Church."

What procedure does church law, does the framework provide for when a case of abuse occurs in the church context?

Konrad: "Well, this is now a very developed system with different offices. There are various points of contact to which the affected person can turn and who will then act in the way the affected person wishes. So, for example, whether information is passed on to the dioceses, a commission or is passed on to the diocesan bishop or also to the independent victim protection commission that the church has set up. Whether this is passed on is decided by the person affected or the person affected himself. Often the expectations of the victims are very different. Some don't want it to be prosecuted at all, and others want it to be prosecuted at all costs. And sometimes the expectations are that apologies will be made or that the perpetrators will be talked to. But how this is dealt with is decided by the person concerned himself."

So you can say that the church, at least as far as the legal framework is concerned, has done its homework in the last twelve years since the abuse scandal came to light?

Konrad: "Yes, I see it that way, that a lot has been done, that through these diocesan commissions, the independent victim protection ombudsman's office, from a purely legal point of view, a lot has happened and that this system also functions well."

We started in Munich, and this will now be followed by expert opinions in almost all other German dioceses. But the matter is not limited to the German-speaking countries; there are similar cases in other countries as well. In Italy, a database of abuse cases recently went online. 182 pieces are documented there. The Catholic bishops are considering an investigation, it is said. One almost has the impression that Italy is not yet as far advanced as Germany or Austria. Is this impression deceptive, Prof. Lintner?

Lintner: "The impression is not deceptive, it is actually the case that Italy is lagging behind and can learn a lot from Austria in particular. I remember very well when the first prevention center against sexual abuse and sexualized violence was established in the diocese of Bolzano-Bressanone 10 years ago. South Tyrol has taken on something like a pioneering role for the entire Italian region. At the time, this caused quite a stir in Italy and the bishop at the time justified it by saying that we are at the interface of cultures and thus, of course, have been positively influenced by what has been going on in Austria for much longer and then also under the pressure of what was set in motion by the Canisius College in Berlin. In the meantime, it is indeed the case that relatively many dioceses in Italy have set up such prevention offices, and only slowly, however, are contact points being established for victims of sexualized violence or sexual abuse. In the meantime there are dioceses that do this, but rather under the impression and pressure of what is happening in other European countries in this sense and not so much in Italy itself. Whereby, as you rightly say, the pressure on the church is now growing from very many affected persons and also lay associations. And the study that you mentioned: here the bishops are still lagging behind a bit, or rather, they are not aware of it. they have some concern that this might bring too much to the surface, but Bassetti has been very cautious: he wants a study now. However, it is still completely open who carries out this study, whether the church itself does this internally, in which just only the reported cases are actually then also worked up. Or whether it should be an independent study, which at the same time also sheds light on the structural background. That is still open at the moment. I hope that the church will then decide for the second."

Now let's come over the loop to Austria and to Mrs. Prof. Polak. The situation in Germany is also perceived here. Here, too, the exit numbers are rising. But here church representatives refer again and again to the Klasnic Commission, which was appointed by Cardinal Schonborn in 2010. In Austria, the reaction has been quick and victim-centered. That's why we don't really need a law firm like the one in Munich, which works things up externally: That is the narrative that is followed in Austria. Is this actually sincere? Does this calculation work? Is Austria really such a pioneer??

Polak: "Abuse is an eminently theological issue"

Polak: "I believe that Austria is indeed a pioneer in terms of this structural reappraisal with regard to the Klasnic Commission and its rapid action. The second part of what you said, I'm not quite of the same opinion, because that can of course also lead to the fact that the entire topic of abuse is externalized, so to speak, and presented as a problem of individuals. So this structural form of coming to terms with abuse still has a huge shadow, which I generally regard as problematic. I believe that the issue of abuse is one that the whole church needs to address. It is not only a structural question, it is also an eminently theological question, because sexual abuse very often occurs in connection with spiritual abuse, even if the latter is not so clearly defined. But if you take a closer look at the history leading up to violent assaults, for example, there are regularly spiritual relationships that are associated with spiritual and thus also with theological statements. And if you look at it closely, you will see that the images of God associated with it, the ideas of what a priest is, are no longer found in the context of abuse, but are also found in normal pastoral work. So in this respect, yes, I think Austria has a pioneering role. There is a lot to learn here, and I believe that the entire commission has done some excellent things. It would also be interesting to evaluate this scientifically in order to learn more and to communicate what has been learned to other countries."

I would like to make a second attempt with regard to the Klasnic Commission and pose a provocative question or thesis: In Germany, the result or the special feature of the report in Munich has been that a reversal of the view has taken place. In Austria one looks very strongly and quite rightly at the victims and what happened to them. In Germany, the next step has now been taken with the expert report and the focus is now on the perpetrators. I have the impression that this is not being done in Austria, or not yet, and that this is not the task of the Klasnic Commission. Therefore, the question is: Do we perhaps need such an external expert opinion in order to focus on the question of the perpetrator in Austria??

Konrad: "Yes, you are absolutely right, that the Klasnic Commission and also the diocesan commissions all have the victims in mind. This is the perspective. And it is also not the goal to determine the individual guilt of perpetrators. The commissions do not do that, but the victims have a point of contact here and are heard. And attempts are being made to provide them with help, financial aid or therapeutic assistance. The perpetrators are really not taken into consideration by them. And what makes these commissions so special is that the victims are also given the opportunity to open up and to approach the authorities in a safe environment. From a purely legal point of view, an external expert opinion is an individual or private expression of opinion. It is not an expert opinion commissioned by a court. In this respect, the consequences drawn are purely individual. So it's up to each person to decide how to deal with it: one person leaves the church, the other, who is perhaps a person with responsibility in the church, thinks about which structures we need to change so that this no longer happens? So in this respect: it can open one's eyes, depending on the position one holds. And therefore I think in this situation it is always good to illuminate and look at new perspectives as well."

Polak: "A very Austrian solution, then, yes, which I also consider valuable. But I would also say critically: There is also a culture in Austria that people don't like to talk about things, that topics like guilt and responsibility are not the favorite topics of the whole society. You don't like to do that even in the ecclesiastical space. At the moment, I also understand it when you look at the real media agitation that you can observe in Germany, where you sometimes don't necessarily have the feeling that it's about the matter at hand, but rather that the church is becoming a projection screen for a problem that society has as well. I would also wish that other social institutions would have taken up the abuse issue in the same way. I can understand why they are very hesitant, because they don't want to aggravate this church crisis. But from a theological perspective, I think it's problematic if you don't also name the deeds. Of course, it is not about stigmatization or about a kind of 'spitting out' these persons. But it is actually part of our Christian tradition to call a spade a spade and then find ways: How to deal with forgiveness? How to deal with reconciliation? How does someone take responsibility? How does it look with the repentance? For me, this is another example of how we generally deal with the whole issue of guilt and responsibility in the church. I'm missing something here, and it's not about demonizing perpetrators. And also this is actually a matter of the whole church. And there is also an interest of believers in this. I must say that I am missing something here, but moral theology certainly knows more about guilt and forgiveness. "

Lintner: "Protecting victims, naming perpetrators and responsibility"

Lintner: "Well, I think that first of all this development, that the church has taken the victims into consideration, is to be appreciated positively. Because it has dealt with itself and with its own perpetrators long enough, unfortunately in the sense of protecting perpetrators, so that this step and this sensitivity that we have, to take the victims into consideration, to take their suffering into consideration, to ask ourselves: How can we do justice to them?? – In my opinion, the Klasnic Commission has done all this, and this is to be appreciated. However evenly in the course of the reappraisal it goes naturally also around the question: Who takes over for what responsibility? And for me it has been extremely interesting to observe this whole debate in relation to Joseph Ratzinger. In my opinion, two things should have been clearly differentiated here: First, that one really establishes from the objective perspective and also tries to understand and investigate how it came to certain wrong decisions, for which he of course bears the responsibility in his office at that time as Archbishop of Munich. There is nothing to shake: At that time he had the ultimate responsibility for the use of priests in his diocese. Regardless of whether he now knew or not: what happened in the church was yes, if I think now, for example, the treatment of divorced and remarried: Especially under the pontificate of John Paul II. and of Benedict XVI. it has always been the case that people have said: This objective fact, this is the essential one and this is the decisive one. The other, the personal, the subjective dimension, we do take that into account, but at the level of consequences, what is decisive is what can be determined objectively. Whereas now, suddenly, in dealing with this expert opinion in Munich, the matter is completely turned around. I mean, I can't know whether Ratzinger was personally guilty or not at that time. He can only confess this himself. And I must believe it then or not. And one could only hope that more and more perpetrators would accept this responsibility. Also those who bear joint responsibility, that they really name the things where they say: Here I have not fulfilled my responsibility. And name it concretely. This general confession of guilt that we all pray in the service is not enough. And that, I believe, has also quite rightly caused an outrage. With quite many also on the second explanation, which the emeritus pope has delivered then here once more."

When theology takes on pathological forms

We have already touched on some theological paradigms: Mrs. Polak has pointed out that spiritualities can become pathological. Does it actually mean that theology itself still has homework to do??

Polak: "I would be satisfied if much of what has long been known in theology were received accordingly. So I mean, theology always has to do homework, because we don't have finalized, definitive 'Everlasting Truth' either. What one probably has to take note of is that even a study of theology as such does not yet automatically lead to a change in the spirituality that one brings with it. What we probably have to be much more aware of is that in our lecture halls there are people with different spiritualities, where there is also spirituality that can be problematic and perhaps also pathological. And that one must also reckon with the fact that in our lecture halls sit students who themselves have experiences with abuse."

Lintner: "I think that a very important aspect is that we have to perceive, recognize and admit our own responsibility with regard to the fact that very many people not only become alienated from the church and leave it, for example by leaving the church, but are also hindered in their faith. I still vividly remember how Cardinal Schonborn spoke of God-poisoning in connection with sexual abuse in the Church ten years ago, referring to the victims who are prevented from having a positive relationship with their faith, with God, often for decades, if not for their entire lives. And here I think of what Vatican II said in Gaudium et Spes with regard to atheism: that there is also an atheism that is the responsibility of the Church, of us as a community of faith. Well, I believe that it is our task as a church to keep at it and to make amends for our mistakes and our guilt, if that is possible."

With that, they have already headed for the curve to the final round. If you could look ahead a little bit, do you see any light at the end of the tunnel?? So there is light at the end of the tunnel in that justice is done to the victims, perpetrators are punished ecclesiastically or secularly, are brought to justice. And the church as an institution emerges purified or different in some way? Is the synodal process that is now underway a glimmer of hope for you??

Lintner: "So, if I may get into the answer to this question: I personally actually believed that we are further along, but the debate at the moment in many dioceses in Germany and, as I also said at the beginning, with regard to Italy, I actually see how much resistance there still is. I see with very many bishops, but also with simple faithful very many fears and see simply still a bloody hard way before us lie. And in a special way, what also shakes me again and again: the encounter with those affected, when they confide in spiritual conversations that the church is not able to credibly convey the impression that it is actually striving to do everything possible, on the one hand, to provide prevention, but also to really just come to terms with the injustice that has been inflicted by church. There is a lot of lip service, it is not yet quite credible in many areas here."

"I thought we were further along on these issues"

Polak: "I absolutely agree with that. I perceive this very similarly. When the church realizes what a shakeup this actually is for us in every way, and when it remembers its own tradition that the truth will make us free, so to speak, taking its own faith and God seriously. And that means: you can and may name guilt and responsibility without fearing that you are thereby banished for all time – if she could remember this inheritance, then even this drama, which is far from over, can be an opportunity to learn something and develop further. But it will not be easy. And I actually find this resistance to be a sign of quite a bit of mistrust as well: The fear of naming guilt must be so unbelievably great that it obviously can't be done. Obviously, people don't trust their own tradition there."

Konrad: "Yes, I can only agree that I also think that the truth is what now really needs to be explored and worked through and that there is also a long process ahead of us. Without really working through this, we will not be able to make a fresh start. As far as the synodal process is concerned, I am convinced that if we make good use of this opportunity, this process can also take us forward. But I would really like to emphasize that: We must do this wisely. We must not want to overshoot the mark, but it must really be seen realistically. What can be our next steps? How can we create more participation for lay people and for the people of God? The church already gives us a lot of possibilities through the existing structures, which can be expanded. And if we do this wisely, I think it's a particularly good opportunity for the church to move into the future."

This is what Sabine Konrad, canon lawyer at the University of Graz, says. And that's it again with this new episode of This Side of Eden. Thank you for listening says Henning Klingen.

The post Why abuse in the church is a topic for theology appeared first on Jhcolorpowdercoating.

In many ways, RoboCop is the quintessential science fiction masterpiece from director Paul Verhoeven. It took a simple science fiction movie and turned it into a smart, funny piece of filmmaking that mixed social satire with buckets of ultraviolence and comedic one-liners. It's these hilarious quotes that live on and preserve the film's satirical notoriety.

RoboCop is, by definition, silly and doesn't make much sense, but it's still fun to watch, if for no other reason than to laugh at a collection of hilarious quotes from its cast of characters. It helps to sell the idea that no one should take the movie too seriously and instead sit back and enjoy the laughter, blood and cultural references of the time.

Updated on 29. July 2021 by Derek Draven: RoboCop continues to provide plenty of laughs as well as plenty of violence and blood to this day. With such a clever and wicked script, there is no lack of hilarious quotes to highlight and emphasize. With news of RoboCop: Rogue City being announced as an FPS video game with an all-new story, the future looks bright for fans of the series. Until this game is released, there are plenty of reasons to return and enjoy the original films that inspired everything that followed, even the critically divisive 2014 remake.

fifteen "Someone wants to call a goddamn paramedic?"

The 1980s were a strange moment in American business. The pendulum had swung from producing first-rate American goods to cost-cutting measures that compromised their quality. After ED-209 beat an innocent CEO to death with powerful rounds, Dick Jones went to the Old Man and assured him it was "just a glitch".

Not surprisingly, the Old Man did not share the same feeling. It's a macabre and satirical way of criticizing the attitude of many business people who fall into the trap of corporatism, which has been a big problem in this decade.

13 "I would buy that for a dollar!"

No one really knows why this particular quote is so funny, but it still gets a lot of laughs, both from the characters and the audience. The characters seem to take it as a humorous joke, as if it were part of the popular culture of the world in which the film is set. The audience probably finds it absurd and corny and laughs along for another reason.

Whatever it is, the quote seems as deeply iconic as the RoboCop franchise. The fact that it is uttered several times during the film by the sleaziest guy imaginable only serves for added effect. This is another way Verhoeven pokes fun at the culture of the time.

12 [Lt. Hedgecock] "What kind of car do you want? [Miller] "Something with reclining leather seats that goes really fast and gets really damn good gas mileage!"

Nothing in RoboCop should be taken too seriously, including scenes depicting hostage situations. Verhoeven injects satire into every frame and backs it up with a witty, sarcastic script. This line occurs when an average guy named Miller blows his gasket and takes a bunch of hostages.

As police try to distract Miller while RoboCop infiltrates the building, he begins shouting demands. One of them is for the 6000 SUX, a fictional gas-guzzling muscle car from the movie that embodies all the gross excesses of the 1980s, right down to high-pollution vehicles.

11 "I am what you call a repeat offender! I repeat, I will insult again!"

Sometimes criminals take legal terms too literally, as this quote from the movie proves. It happens just before RoboCop's first big reveal at the police station, when Sergeant Reed is dealing with a man brought in for public intoxication. As the police go through his file, he gets belligerent in the funniest way possible.

Instead of cursing the sergeant and appearing violent, he blurs through this quote, which is a bizarre interpretation of the concept of a repeat offender. However, his honesty has a certain charm and is enough to make audiences laugh after Murphy's brutal murder.

10 "Tastes like baby food!"

RoboCop may be one of the best cyborgs in movie history, but he still relies on a cocktail of vitamins and nutrients to maintain his organic proportions, and this is where the whimsical "baby food" scene comes into play. After OCP sets up a station for RoboCop in the police department, they prepare him for his role as Detroit's new cleanup officer.

The scientists responsible for the project describe his digestive system and the paste used to supplement his needs. Johnson grabs a cup of the nasty-looking stuff and tries it, remarking to Bob Morton that it tastes like baby food. Repulsed Morton knocks him on the chest and replies "Knock yourself out!"

9 "You probably don't think I'm a very nice guy, do you?"

Clarence Boddicker remains one of the most vicious and unpleasant villains ever to appear on screen, thanks to an outstanding performance by Kurtwood Smith. The character is without merit or redemption, making him a terrifying nemesis not only for RoboCop, but also for the audience.

Boddicker was actually not a nice guy. On the contrary, there was no line he wouldn't cross; no crime too extreme enough to raise his heart rate even a single point. His cruelty is encapsulated in perfection thanks to this quote, uttered shortly before Alex Murphy's murder.

8 "That's it, Buster! No more military aid!"

Paul Verhoeven not only made fun of American corporatism in the 1980s, but also of the world's obsession with nuclear war at the time. As the 1980s drew to a close, the Cold War faded into irrelevance, but the threat of a nuclear exchange was deemed plausible. At the same time, an incredible sense of optimism and joy had infiltrated everything from music to Hollywood movies on the big screen, which turned out to be a confusing juxtaposition.

In the 1980s, board games were seen as a great way for families to come together and bond. Monopoly and Risk were still very popular, but Verhoeven added another fictional game with Nukem. This game encouraged players to "get them before they get you," which was a mentality circulating around the world at the time.

7 "I had a guaranteed military sale with ED-209! Renovation Program! Spare Parts for 25 years! Who cares if it works or not?"

Director Paul Verhoeven is a masterful filmmaker with a series of incredible moves, and he routinely uses satire as a substitute for political intimidation. This is demonstrated when Dick Jones attacks Bob Morton for capitalizing on his ED-209 failure. Really, it was Dick's own fault for pushing a corporate scam.

When Morton overtook Jones with the RoboCop initiative, it sent him into a fit of rage and jealousy. After all, Jones was number two at OCP, and he didn't take Morton's superiority well. This hilarious quote is an example of how smart and short-sighted Dick Jones really was.

6 "Excuse me, I have to go. Somewhere a crime happens."

This is one of the most sterile quotes in the entire film, and also one of the funniest. It could be a smart jab at the "work comes first" attitude of 1980s corporate America, or it could just be so dry and full of raw conviction that it comes across as unintentionally funny. Be that as it may, it works.

RoboCop is so involved in his work as a police officer that he doesn't know what to do with himself in his spare time. When he's not replenishing his energy out of sheer necessity, he's out on the streets airing bad guys as easily as a secretary fetches coffee.

5 "It's back. Big is back, because bigger is better! 6000 SUX – An American Tradition!"

Consumer societies have always been interested in great products. In the 50s, 60s and 70s, big cars were a sign of prestige and dominance on the road, and this was reflected in the film with a bevy of amazing cars that have gone down in cinematic history.

Verhoeven poked a bit of fun at this, contrasting the public's fondness for big V8 gasoline guzzlers with the declining quality of the American automobile. The 6000 SUX moniker isn't exactly subtle, but it's still worth a good knee-slapping.

4 "Come quietly, otherwise there will be… trouble!"

RoboCop fans love the film for the social satire and one-liners, and each actor brought something special to the table. Peter Weller knocked the role of RoboCop out of the park with a robotic yet human performance that felt completely natural given the circumstances of his death and rebirth.

This quote is one of the funniest and is most often mimicked by fans. It shows the pre-programmed mentality of RoboCop mixed with the humanity of Alex Murphy, making it a one liner that audiences can get excited about.

3 "They'll fix you. They fix everything."

As the film reaches the climax of its third act, the title character goes from human to cyborg and back to something closer to human. The final battle with Boddicker and his men in the abandoned industrial factory is a chance for RoboCop to take off his visor, show his face and become Alex Murphy again.

After stabbing Boddicker in the neck with his data spike, RoboCop and an injured Lewis call out in turn. The latter yells "Murphy, I'm a mess!" Murphy responds with this funny quote, which feels both ironic and sarcastic given OCP's immoral actions that came before it.

2 "You're illegally parked on private property! You have 20 seconds to move your vehicle!"

OCP took the concept of urban pacification a bit too far when it greenlit the production of ED-209. This lumbering beast had little foresight when it came to dishing out punishment for perceived crimes. It was essentially a giant instrument of oppression to scare the inhabitants into submission.

So it wasn't entirely surprising that it readied its weapons systems to fire when RoboCop rolled up to OCP's front door in his car. Threatening to open fire on someone for illegally parking a vehicle is so over-the-top hilarious that even Judge Dredd and Dirty Harry would have blinked.

1 "Dick, you're FUCKED!"

RoboCop's hidden fourth directive meant that he could not take action against any OCP member, even if it meant upholding the law. This was a failsafe developed by Dick Jones to prevent the cyborg from acting against the interests of the company. This was not surprising, since OCP's lucrative city contracts essentially meant that they owned the police force.

When RoboCop presented video evidence of Dick Jones' murder confession to the OCP board, he retaliated by taking the Old Man hostage. RoboCop revealed that instruction four prevented him from taking action against Jones, prompting the old man to yell this funny line, effectively ending Jones' employment … and his life.

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In addition, it enables you to influence working conditions through works councils and inter-company associations. We recommend that you contact a specialist lawyer in the event of labor law disputes, who will be able to maintain an overview even in complex issues. With the attorneys of our law firm Dr. Jung und Partner in Cologne, you are in good hands with your legal concerns.

What regulates a lawyer for labor law?

The labor law includes legal regulations around the protection of the employee. This includes z.B.:

• extension of daily and weekly working hours to a fixed level
• prevention of exploitation in the form of dumping wages
• Paid time off for the purpose of recuperation, restoration of health and protection of women as well as families
• U.v.m.

In addition, the Dismissal Protection Act protects employees from arbitrary dismissal. These regulations are legally binding in terms of employee protection and cannot be waived or limited by contractual agreements.

What is protection against dismissal and to whom it applies?

In Germany, protection against dismissal applies to all employees who have worked for a company for more than six months. The underlying law on protection against dismissal makes it more difficult for an employer to give notice of dismissal. Accordingly, a termination is only permissible if there are operational, personal or behavioral reasons.

In this case, the job is eliminated due to urgent operational requirements. However, the employer must first try to place the employee in another job in the company.

Even in this case of dismissal, the employer must try to find another job for the employee in the company before dismissing him or her. This affects employees who are frequently ill or who can no longer provide the necessary performance at work.

This can be pronounced if the employer cannot reasonably be expected to continue the employment relationship. The reason may be particularly serious misconduct on the part of the employee. Usually the employer should have previously warned the employee in a warning that in case of a repetition of the misconduct the dismissal will follow.

Do you have questions about dismissal, severance pay, salary or any other aspect? The case law in these areas is not always clear. Therefore, the attorneys at our law firm in Cologne will be happy to provide you with comprehensive legal advice. We focus on you and your legal interests!

You can clarify important questions of labor law with us

We, the law firm Dr. Jung und Partner in Cologne and the surrounding area have been your contact for the legal field of labor law for more than 50 years and support you in various questions concerning labor law. Whether after a dismissal, a warning or the question of severance pay, we are there for you and help you find the right solution!

The employer can issue a warning to the employee if he has violated his duties. A warning can prepare for a dismissal due to misconduct. Therefore, you should always check whether a warning is justified and, if necessary, take action against it if it is not.

Severance pay and employer's reference – when the employment relationship ends

Problems can arise not only during the employment relationship, but often the separation is also fraught with problems. If an employment relationship is terminated, the employee is usually paid a severance payment.

However, this can also be paid after an unfair dismissal. In this context, the amount of severance pay is usually disputed, so that such disputes often end up before the labor court. There is also potential for conflict with the job reference that the employee is entitled to receive.

A distinction is made between two types of job references:

• The simple employer's reference
• The qualified job reference

The employer must formulate the reference favorably. If you find your employer's reference negative or not truthful, you should take action against it as soon as possible, because the employer's reference is one of the most important criteria for job applications.

Balancing family and work is not always easy. However, you are entitled to numerous rights, especially if a child has been born. Maternity protection laws are designed to protect mothers and mothers-to-be in the period before and after childbirth.

This includes special protection against dismissal and a ban on employment before and after childbirth. Parental leave, on the other hand, must be applied for. Especially this often leads to disputes if it is not granted by the employer. We will be happy to advise you on what options you have to enforce your parental leave and what restrictions must be observed.

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To this end, I will first provide you with qualified and precise advice on your employment law situation and offer you a custom-fit solution to your problem or. of your concern. I like to take my time for you, because this is a feature that distinguishes Smart Arbeitsrecht most clearly from other law firms. In addition to specialization and experience, time and thoroughness in handling a case as well as intensive commitment are surrogates for the quality of legal services.

The more attention your matter gets, the more careful the legal arguments, the more presence your attorney has in your matter, and the more specialized and qualified he or she is, the more likely the results will be better for you in the end.

If you wish, I will take over the all-inclusive representation of your case afterwards, so that you do not have to worry about anything else legally. You can then devote your time to other important areas while I successfully take the necessary action on your behalf. That means: I enforce your rights in labor law, draft contracts for you or conduct negotiations with the other party.

At any time an intensive care of your matter is ensured with the highest possible transparency.

Table of contents

My path to employment law

I had my first contact with labor law during my studies in 2010. At that time, I completed an internship accompanying my studies at the Hamburg Labor Court in the chamber of Judge Albers, which I voluntarily extended. I was overwhelmed by the dimensions of employment law, at the same time fascinated by how different levels of regulation intertwine. In addition, there was the explosive nature of the labor law proceedings – there is always a lot at stake: the job, security and money, of course.

Early specialization in labor law

From then on it was clear to me: labor law should become my field of law. Employment law is interesting, challenging and dynamic. In addition, it fulfills an important function, namely the establishment of a fair balance between employees, employers, works councils and trade unions. So I prepared to make my contribution here.

So from then on, I consumed everything I could get my hands on regarding employment law. My curiosity knew no bounds. I had the goal to become an expert in labor law. I aligned my internship stations with my legal passion. Further training at the Hamburg Labor Court, in a group company and in a labor law firm gave me the finishing touches in terms of labor law, so that I could successfully start my project as a labor law attorney. After the "small matter" of successfully passing the state examination, of course😉.

Entry into employment law firm boutique

What happened next? Well, for me there was no question: A law firm boutique is the right address to start quickly and intensively as a lawyer in labor law. I wanted to gain valuable experience as quickly as possible and use my knowledge of labor law. Three hearings in one day, numerous counseling sessions and briefs were not uncommon. Always in the front line, always under the gun and in the legal fray – that was my everyday life. I was able to build up quality and experience in labor law quickly and in a well-founded manner, from which my clients now benefit greatly. It was an instructive time and sometimes I had to learn things the hard way.

Employment law total

This was followed by further professional stations as in-house lawyer in a consulting company for works councils as well as in an employer-oriented law firm. During this time, I have been significantly responsible for large restructuring projects of well-known global corporations. In this way, I was able to significantly expand my knowledge of labor law once again. And: I now know all sides and their motives for action. I went this way to develop myself and to get new perspectives. Being an expert in labor law means not only knowing labor law, but also knowing your own clients and, above all, your opponents.

Specialist lawyer for employment law and new focus

In the meantime I acquired the title "specialist lawyer for labor law". And quite incidentally, employee data protection developed into another focus of my legal work.

I have also been working nationwide for quite some time as a lecturer on labor, works constitution and data protection law.

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Due to the current high energy prices and inflation, there are currently companies that would prefer to terminate their Dutch contracts with suppliers or customers. But what if the contract or the Dutch law does not offer the possibility to terminate the contract?? Is a Dutch contract then at all in the meantime terminable? In this blog post, Dutch lawyer Wouter Timmermans explains whether and how to terminate the Dutch contract in the meantime.

Termination of open-ended contracts with customers or suppliers

Unlimited contracts that do not contain a termination option can usually be terminated in the meantime.

In certain cases, however, it may be the case that the principle of good faith applies and that more detailed notice requirements are imposed. In the case:

• …a termination is only possible if there is a serious reason for it.
• In addition, it could be required that a certain notice period be observed or
• That the termination must be accompanied by an offer to pay damages.

Termination of fixed-term contracts with customers or suppliers

Fixed-term contracts that do not include a termination option generally cannot be unilaterally terminated in the interim.

An exception can only be made if:

• …unforeseen circumstances arise,
• That are not within the risk area of the terminating party itself, and
• that are so severe that the other party may not demand maintenance of the contract based on the unwritten rules of good faith.

A temporary or permanent contract?

Thus, in determining whether the contract may be terminated, and if so, under what conditions, it matters a great deal whether the contract is for a fixed term or for an indefinite term.

A fixed-term contract is usually a contract that ends automatically after a certain term (z.B. if the contract states that it will end after two years) or if a contract ends when a specific service has been rendered (e.g.B. if – as agreed – a house has been completed). An open-ended contract, on the other hand, is a contract that has been concluded for an indefinite period of time. This means that the contract is not limited in time.

This seems to be a clear distinction. But in practice there are contracts where it is not clear whether it is a permanent or a temporary contract. If a court case arises in which it must be clarified whether the contract has been validly terminated, the judge must first determine whether it is an indefinite or fixed-term contract.

Consequences of an unauthorized termination

If a contract is terminated when there is no possibility of doing so, this usually means that the contract has not been legally terminated. The existing obligations must therefore continue to be fulfilled. If the party who has given notice does not comply, they can be forced to do so by a judge – under threat of a fine.

Do you want to terminate?

If you intend to terminate your Dutch contract with a customer or supplier in the meantime, you should first seek legal advice. Thus, it can be clarified whether it is possible and if so, under which conditions.

If interim termination is not an option, you might consider whether it would be possible to have the judge modify the consequences of the commercial contract due to unforeseen circumstances.

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How can I acquire the title of a specialist in tenancy and WEG law??

Admitted attorneys have the possibility to acquire a specialization in many different fields of law. The regulations for specialist lawyers (FAO) determine from whom and how the respective title may be acquired. The basic condition is that you are admitted to the bar and have worked as a lawyer for at least 3 years in the last six years. In addition, special knowledge and experience in the relevant field of law must be demonstrated. For the legal field of tenancy and WEG law, special knowledge in the following areas must be demonstrated:

1. Law of residential tenancy,

2. Commercial tenancy law and lease law,

4. Real estate law, neighbor law and basic principles of real estate law,

5. Tenancy and condominium law references to public law, including tax law,

6. Special features of procedural and enforcement law in tenancy and condominium law.

The listed knowledge can be acquired in a specialist course in tenancy law; this covers all the relevant topics of the subject area. The advanced training in landlord and tenant law must last at least 120 hours and also include (at least) three supervisory papers.

Certificates or attestations provide information about the attendance of the advanced training in tenancy law and are submitted to the bar association. Most attorneys who acquire a specialist title prove that they have acquired the necessary theoretical knowledge by successfully completing a training course. Instead of attending a specialist course in tenancy law, however, the theoretical knowledge can also be demonstrated in another form, for example via

– a job as a lecturer in professional events,

– publications related to the field,

– the handling of many cases in the specialist field,

– the issuing of certificates by specialists, which provide information about the level of knowledge of the applicant.

In addition to the theoretical knowledge, special practical knowledge must be proven. The basic requirement is that the applicant has been working in the field without instructions for the three years preceding the application. For the specialist area of tenancy and property law, this means that the applicant must have worked on 120 cases during this time – at least 60 of these cases should be court proceedings. At least 60 of these cases must relate to the above-mentioned areas, with at least 5 cases relating to each of these three areas.

case lists provide information on practical experience. The expert committee deciding on the application has the right to request anonymized work samples. If the expert committee has doubts about the overall impression conveyed by the credentials and documents submitted, it can invite the applicant to a specialist interview.

Is the specialist lawyer in tenancy and WEG law worthwhile??

After further training to become a specialist lawyer, lawyers in Germany notice a significant improvement in their professional opportunities. The Soldan Institute for Lawyer Management found in a survey of lawyers that 53 percent of respondents are convinced that their position on the labor market has improved as a result of further training. 34 percent also state that the external presentation of their work has improved and that they benefit from the resulting reputation gain. As further advantages of the specialized attorneyship the improvement of the personal qualification and from it the possibility for a better strategic profiling and specialization are called.

If one goes by the subjective perception of the specialist lawyers, it pays off to attend a seminar on landlord and tenant law and to acquire the title of specialist lawyer. A comparison of the fee income from independent legal work also shows that it is financially worthwhile to acquire the title of specialist lawyer. In 2013, for example, specialist attorneys earned an average of 222.000 Euro, lawyers who have a specialization only 185.000 and lawyers without any specialization only 123.000 euros. Lawyers with the title of specialist lawyer earn much more than lawyers without specialization or lawyers who are specialized but not specialist lawyers.

If one compares the various areas of law in which attorneys can acquire a specialist attorney title, the importance of the legal area of tenancy and residential property law and the attractiveness of attending a specialist attorney course become clear. In recent years, attorneys seeking to become a specialist attorney have increasingly opted not for the three largest specializations, family law, tax law and labor law, but for a specialization in the remaining, smaller areas of law. In the years 2007 to 2012, only 37 percent of attorneys opted for the three major fields. The reason for this is that the labor market in the relevant fields is gradually becoming saturated – which results in the difficulty of obtaining mandates to prove the necessary practical experience. For this reason, the "small" specializations such as landlord and tenant law are becoming increasingly attractive and rewarding for the next generation of attorneys.

How do I fulfill my obligation to attend further training courses in tenancy and WEG law??

Specialized attorneys in landlord and tenant law advise and represent both private and commercial landlords. You will draft and review rental agreements as well as rent increase requests, assist with terminations of tenancies and be available to answer any questions that may arise in the context of a rental relationship. Condominium owners' associations, administrators and apartment owners are also among the possible clients.

Due to the breadth of the field, it is advisable to attend continuous training courses. The title of specialist lawyer also brings with it the obligation to participate in at least 15 hours of further training per year, which must be proven to the bar association without being requested to do so. On our portal, you can compare and book many different specialist lawyer courses and specialist lawyer training courses in tenancy and WEG law:

In the member area, you can manage your training quickly and easily, while continuously tracking your training progress.

The post Becoming a specialist lawyer in landlord and tenant law appeared first on Jhcolorpowdercoating.

Many judges deal with factual matters that lie in the past. Not so in family law – because here decisions are made that have an impact on the future of families and children.

However, family courts do not only deal with divorces and child cases. In an interview, family court judge Gregor Dehmer from Cologne Local Court reveals how varied the work in the family court is – and what skills students interested in family law should have.

Mr. Dehmer, for many law students, being a judge is the career goal par excellence. As a family court judge, however, you will certainly conduct highly emotional proceedings and come into contact with broken families or traumatized children. Why did you become enthusiastic about the profession despite these circumstances??

In order to prevent misunderstandings, it should perhaps first be clarified that "the family judge" does not represent an independent professional profile alongside "the judge". Gem. § 23b Abs.1 GVG, divisions for family cases (family courts) are formed at the district courts. These are the judges responsible for family matters. Thus we are first of all (only) district judges who (also) handle a department for family cases.

It is true that as a family court judge you are sometimes much "closer to the front", in that you sometimes gain very deep insights into the living conditions of a wide variety of families. Of course, it also happens that one witnesses very bad circumstances or very tragic fates. However, it is precisely these circumstances that make the job so appealing – at least in some cases you have the chance to make a difference and change things for the better.

In general, this is the big difference between the work of a family court judge and the "classical" work of a judge in civil or criminal law. Normally, the judge's view or. the judge is directed into the past.

The civil judge is presented with past facts and is asked to decide who is right. Strictly speaking, the civil judge does not ask who is right, but only which party is right under the given procedural circumstances. It can happen that a party is defeated only because he or she cannot prove certain circumstances. The criminal judge is also faced with an event in the past and asks whether the accused has committed a crime. Again, strictly speaking, they ask whether the defendant can be proven to have committed a crime under the given procedural circumstances.

In child cases – i.e. proceedings, parental care, contact with the child, endangering the welfare of the child, etc. The family court judge takes a look at the current situation in the case in question. This then raises the questions of what is not going well and what needs to change and how, so that things can go better again. In this respect, the activity is directed towards the future and entails a very high level of responsibility. This is because decisions are sometimes made that can influence the entire future life of a child – for example, the question of whether a child can remain in his or her family or must be removed from it.

But the job also brings with it the sense that what one does has a deeper meaning than merely handling proceedings.

Another attraction of working as a family court judge is the breadth of the field. If you are not familiar with this area, you will usually only associate the family court with divorces and child custody cases. But the work at the family court also includes the complete area of violence protection – regardless of whether it is violence within the family – parentage cases, adoptions, matrimonial home and household matters, and much more besides. One is then active in several procedural systems.

In addition, social life as such is very diverse, and this diversity also means a diversity of case types that eventually come to the family courts. I know colleagues who have been working at the family court for more than 20 years and yet still report on cases that are completely new to them. One only has to think of the recent suggestions to the family courts to prohibit schools from imposing a mask obligation on pupils, as this is detrimental to the welfare of children. Also, family law often has international aspects. For example, when maintenance has to be claimed abroad or in the area of international child abduction. All in all, the work as a family court judge is one that entails everything. Interesting legal issues as well as exciting factual situations.

In your studies and exam preparation, family law tends to be treated as a secondary area – when did you discover your interest in this area of law??

I did both state exams in Bavaria. There, the main features of family law and family procedural law are part of the compulsory material for the second state examination. As a result, this was also the subject of the working groups in the legal clerkship. Here I came into contact with the field of law for the first time and found it quite interesting. However, I did not pursue this further at that time. There was enough to do with preparing for the exam and then starting my career as a judge. When it became clear during my time as a probationary judge at the District Court of Cologne that I would like to stay there (at that time I was working on civil cases), the personnel officer at the time asked me in which areas of law or family law I would like to work. departments I would be working in. I answered out of pure interest that I could very well imagine working as a family court judge or as a detention and investigative judge.

At that time, I had not yet done either of these jobs, but I found them both exciting. That's how it came about that I took over a family department after one and a half years in the judiciary – without really knowing what was in store for me. However, I then very quickly felt at home in this area of law. I was also an investigating and custodial judge for a while and then worked as a department head in court administration. However, I have found that there is no other area that I have enjoyed as much as family law, so that I have since returned to it.

What does a typical working day look like for you??

The typical workday is not fundamentally different from the typical workday of any judge or magistrate. As a rule, I first process all the files that are submitted to me (so-called "family cases"). departmental work). When processing these files, the question then always arises as to what steps are to be taken next in order to bring the respective proceedings to a decision. These are then arranged. Depending on the type of proceedings, it can happen that many telephone calls have to be made, for example with employees of the Youth Welfare Office, guardians ad litem or closed child and adolescent psychiatric facilities.

Once the day-to-day department work is done, I either prepare for the upcoming meetings, hearings, etc., or I call the court. or I set aside decisions. In addition, there are usually one or two meeting days a week on which I conduct the relevant appointments. Depending on the proceedings, it may also happen that I have appointments outside the court. For example, the procedural rules of the FamFG make it possible for me to conduct child hearings in the home environment of the children. Another example would be cases where minors need to be acutely placed in closed psychiatric care. Here, the hearing usually takes place in the psychiatric facility.

What do you particularly like about your job – and which tasks or areas do you dislike less??

First of all, what I like about my job is the special characteristics that come with being a judge. I find it a huge advantage to be able to decide for myself when and where I want to work, in which order I process the cases, etc.

When it comes specifically to what I particularly appreciate about my work as a family court judge as opposed to working as a judge in other areas, one is the particular diversity of the legal field. On the other hand, it is the circumstance that in the proceedings according to FamFG as a family judge one is clearly more "master of the proceedings" than in proceedings according to StPO or ZPO. The proceedings according to FamFG are dominated by the principle of official investigation and allow for free evidence. There are therefore many ways of approaching certain proceedings and not just one way. This makes the activity more flexible.

There is actually little that I don't like about my job. Most of the time, these are specific individual proceedings rather than specific areas of concern. The family court system is regulated in such a way that proceedings concerning the same family always end up with the same department. Sometimes certain "permanent clients" develop in the process. It can sometimes be very frustrating to try everything to get the parties back on track and still achieve absolutely nothing. For example, I have experienced families who have fought such a highly escalated conflict that they have completely ruined themselves economically and the children have completely broken off contact with one of the parents.

How do you perceive the work-life balance in your job??

I perceive the work-life balance as good. However, it must be said that I have almost ten years of professional experience and have become familiar with my department. Generally speaking, as a beginner in the profession of judge, you will spend about as much time working as if you had started in a large law firm. However, the workload decreases if the same department is dealt with for long enough. Because then, at some point, you will know all of your cases and have followed them from the moment they arrive at the court.

In addition, professional experience and legal knowledge in the area being worked on also increase, so that one simply becomes faster in the processing.

However, there are always phases when there is more going on. For example, in family cases there are always more applications before the vacations (contact, problems with children traveling abroad, etc.).). On the other hand, there are phases in which there is less going on.

What advice would you give to law students: What qualities should a good family court judge have in addition to legal expertise??

A good family court judge should be able to empathize with the concerns, problems and circumstances of the parties involved in the proceedings. Particularly in highly contentious situations, one often conducts proceedings involving the same family again and again over many years. A long-term stabilization of the situation or even a solution to the prevailing problems can often be achieved "better" if you can get through to the parties involved in the proceedings at the hearing dates. For this, it is extremely beneficial if the parties involved in the procedure feel understood.

On the other hand, you should have what used to be called a "thick skin" and is nowadays often discussed under the keyword "resilience". The job is also characterized by the fact that you have to deal with highly conflictual proceedings. Some of those involved in the process behave accordingly. One must be able to endure this. In addition, sometimes you yourself become the target of the displeasure of those involved. I myself was also already threatened by parties involved in the proceedings, so that security measures were necessary. If you take this too much to heart, you won't last long as a family judge or magistrate.

Mr. Dehmer, thank you very much for your time and your answers.

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Cooperation at eye level: trust as the most valuable asset

During my work as a family law attorney in Neuss, I have found that trusting cooperation is crucial, particularly in family law and especially in the context of divorce. Therefore, I attach great importance to honesty, understanding and openness with my clients. Let my client support, which is based on trust and confidentiality, help you in the following areas:

• Separation and divorce
• Alimony (spousal and child support)
• Equalization of gains
• Prenuptial agreement
• Divorce settlement
• Custody and access rights
• All other family law matters

Our own approach for truly individual advice

The basis for my legal advice in family law is an overall picture of your family situation with all the important details. To draw it – literally – I myself have developed a meanwhile proven approach: With the help of a genogram, I as a specialist lawyer visualize and analyze all behavioral patterns, relationship-determining as well as psychological factors and the repeated behaviors within your family. All factors important to your case are taken into account, such as joint real estate, joint and own children, income, nationality, etc.

Regular training as a living standard

As a specialist in the field of family law, I regularly attend further training courses in order to ensure that my advice is up to date and of a high standard. This is not only my own claim, but in my opinion also your right. Detailed knowledge of the frequently changing case law is essential to make it work to your advantage.

2022 I have the 55-hour online training course "Good child protection procedures – a model project for quality development and quality assurance for a child-friendly justice system through interdisciplinary training with the integration of an e-learning offer" funded by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth successfully completed.

In addition to my compulsory membership in the Dusseldorf Bar Association, I am a voluntary member of the following associations and societies:

– German Bar Association (DAV)
– Working group for family law in the DAV
– Tandem procedural assistance Rhein-Kreis Neuss
– Member of the professional association of guardians ad litem, supplementary guardians and professional guardians for children and adolescents -BVEB- e.V.

Bundling of competences in the law firm

Through our team of experts at our firm, we ensure a knowledgeable view of all facets of your case. I am in regular professional exchange with my colleagues and, if required and requested in your specific case, I can draw on specialist knowledge in many other areas of law. You can find out more about this by taking a look at the areas of expertise represented in our law firm.

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There are said to be landlords who, after receiving a call, send a craftsman the next day to repair the defect. It is much more common for tenants to wait months in vain for a defect to be remedied. "… I have already called the property management company a few times about this!", the legal advisors of the citizen of Berlin tenant association (BMV) often get to hear. An argument that drives lawyers to despair, because a notice of defect by telephone is nothing more than a gamble: maybe it will do some good, maybe not. Further claims, such as the right to terminate without notice in the case of extreme defects or claims for damages, for example for radiator costs in the case of a failed heating system, cannot be derived from this.

"The most important thing is to report the defect in writing and to set the landlord a specific deadline to remedy it," explains Volker Hegemann, head of the legal department of BMV. Many tenants write "immediately" or "as soon as possible" in the notice of defects, but this does not put the landlord in default (see our sample letter on this page). The time limit must be reasonable: In the case of a burst pipe, the landlord must act immediately; in the case of leaking windows, he may be granted a period of two weeks. Because landlords not infrequently claim never to have received the tenant's letter, the notice of defects should either be sent by registered mail with return receipt or dropped by messenger into the property management's mailbox. Another option is to hand in the letter yourself and ask for confirmation of receipt. There are cases in which tenants with their rent reduction claims lost in court, only because the delivery of the letter could not be proven. Fax or E-Mail are valid by the way still not as gerichtsfester proof of the Zustellung.

Sample letter:
How to report a housing defect to your landlord

• Notification of defects to landlord or property manager
  Use this sample letter to notify your landlord/manager of the deficiencies in your apartment and request that they remedy the deficiencies.
• Notice of defects with deadline – declaration of conditional payment
  With this sample letter you inform your landlord/manager about the deficiencies in your apartment and request him to remove the deficiencies by setting a deadline. In the event that the deadline should pass, you announce a substitute performance and declare the payment of your rent under reserve.
• Notice of defects – final reminder
  With this sample letter you set your landlord/manager a final deadline for the removal of defects in your apartment.
• Further sample letters for communicating with your landlord

Tenants are even obliged to report housing defects. Conversely, the landlord is obliged to keep the apartment in a proper and defect-free condition. Typical defects are leaky windows, moisture damage, clogged drains, defective heating and so on. But outside disturbances can also be apartment defects, for example, odor nuisance from a butcher's shop or noise from a neighboring large construction site. It does not matter for the rent reduction if the landlord can fix the problem. However, there is no defect if the tenant himself has caused the damage.

Deadline expired – what then?

The correct notice of defect has been sent, but after the deadline has expired, still no workman has shown up? As a tenant, you now have several options. If the damage is only minor, such as a broken tile or defective fixtures, the matter is relatively simple. Here it offers itself to give the repair in order and to set off the costs against the rent. It is important to note that the landlord only has to reimburse the "necessary expenses". So you can't just order a new water heater when the old one could still be repaired. But beware, the following also applies to the so-called right of self-remedy: If you cannot prove that you have asked the landlord to remedy the defect by setting a deadline, you will be stuck with the costs! The only exception: If there is imminent danger and the landlord is not available, for example in the case of a burst pipe at the weekend, you can immediately call a craftsman.

The second option is to file a lawsuit for repair. "In the case of obvious defects such as broken windows or a defective heating system, you have good chances in court," explains lawyer Beate Almenrader. One drawback is that legal action takes a long time, but "many landlords do nothing for ages and no sooner is the complaint filed than they do something," according to the lawyer's experience.

Beware of excessive rent reduction

Petra Schramm* is now also considering this step. For almost a year, she has been arguing with her landlord about the mold infestation in her bathroom. As usual in such cases, the property management claims that the tenant herself is to blame because she does not heat and ventilate properly and also dries laundry in the bathroom. On the advice of legal advisor Volker Hegemann, Petra Schramm had an expert opinion drawn up at her own expense. Result: The mold is clearly not due to the tenant's misconduct, but to structural defects. But the landlord was not very impressed by the expert opinion and only announced to send a painter. "I don't understand what this is all about, first of all the cause has to be eliminated," Petra Schramm is annoyed. "The tenant has the right to have defects properly remedied," explains Hegemann. The landlord's argument that thermal insulation is planned "at some point" anyway does not count either. After all, mold is a health hazard.

A third means of exerting pressure to get the landlord to remedy the defect is the so-called right of retention. In the case of serious defects, the tenant is entitled to withhold part of the rent until the defect has been remedied. In contrast to rent reduction, this sum is much higher (about three to five times the amount of the reduction) and must be paid back to the landlord after the defects have been remedied. However, without consulting the tenants' association or the lawyer, one should never resort to this remedy.

Last resort: the lawsuit

That applies also to the rent reduction so popular with tenants – in principle a good possibility, in order to make the landlord legs ". But straight here most errors happen, how BMV legal advisor Klaus Kiessling from its practice knows. Many act according to the motto: "I simply reduce the rent, then the landlord will already come into the gears."Unfortunately, many landlords don't give a damn, either because they don't care about the few euros or because they don't think they are responsible for the problem. "Some tenants are also much too hesitant and wait too long," said Kiessling. However, anyone who pays the full rent for more than six months without complaint generally forfeits his or her right to a rent reduction. Other tenants, on the other hand, set completely exaggerated reduction rates that have little chance of success in court. To the sorrow of the citizens of Berlin tenant association they orient themselves thereby often at dubious tables from the Internet, instead of visiting an advisory board. Many half-truths are also spread in the tabloid press. Fact is: There are no generally valid rent reduction quotas. If the district court of Oberammergau considers a 20 percent reduction for dog excrement in the stairwell to be permissible, this may be of no significance for the Berlin Regional Court. "Some tenants also think they can simply add up several individual defects – but the court will always take an overall view," says lawyer Stefan Schetschorke. His client, for example, had reduced the rent by 40 percent because of a number of minor defects. The court considered three percent to be appropriate – and even upheld the landlord's action for eviction in the first instance. The individual deficiencies – crack in the laminate, not closing conclusion, missing cellar window and so on – are so insignificant that the decrease sentence is completely absurd, so the court.

Basically, you don't have to be afraid of losing your apartment because of a rent reduction. If the apartment is not in proper condition, one has a right not to pay the full rent. The right to reduce rent does not have to be "requested" from the landlord – every tenant is entitled to it. However, in the case of a completely absurd rate of reduction, termination may well be threatened. A tip: If you don't have time to go to legal counsel for every notice of defect, you can simply reserve the right to reduce the rent in the notice of defect without specifying a concrete percentage figure. It can also be useful to declare the exercise of the right of retention as a purely precautionary measure. The advantage: If an exaggerated reduction rate is then established in court, the difference can be declared to be retained within the meaning of the law and thus the termination can be warded off.

"What's the point of paying less rent – I want the deficiencies to be fixed!", says Ruth Schmidt*. The tenant lives in an unrenovated old building that is "gradually going down the drain," as she says. Almost all tenants have moved out by now, the vacant apartments are used for anything but housing. The landlord makes no effort to repair the dilapidated sewage pipes or the tenant's rotten windows. Reason: There is currently no money available, and the windows are to be replaced anyway during renovation. "Our member does not have to be put off by this", clarifies BMV legal advisor Sabine Mettin. Set a final deadline for the landlord to take action. Otherwise, the landlord sues for the removal of defects. "I have legal protection insurance through the Berlin Tenants' Association and am relaxed about a legal dispute," Ms. Schmidt let her landlord know.

Many landlords wait until the rent reduction has resulted in a rent arrears of two months' rent and then terminate without notice. This is no reason to panic, even if many tenants are completely outraged about it – after all, they are not rent debtors, but have merely made use of their right to reduce the rent. "The safest way in this case is to pay the rent arrears with reservations and then sue the landlord for the amount," advises attorney Wolfgang Hak. The termination without notice is then invalid and the courts then only decide whether the rent reduction was justified or not. The only catch is that you can only get rid of a termination without notice once within two years.

Many tenants do not realize that they may have to prove years later that the conditions for a rent reduction existed. The defects must be described in detail, it is not enough, for example, to talk about an "extremely long lead time for hot water" or a "large mold stain". If it takes forever until hot water comes, you have to take a bucket and measure how much water runs off until it gets hot.

"The requirements for the presentation of defects are becoming increasingly stringent," says Wolfgang Hak. "Many tenants have no idea how difficult it often is to provide evidence," attorney Imke Oevermann also knows. This is particularly complicated in the case of noise, as one of her clients had to experience. She had reduced the rent because of bar noise – but lost in court. "The other residents of the house did not want to testify as witnesses, so the tenant could not prove the noise pollution," explains Oevermann. The noise log, which the tenant had meticulously kept, was not enough. "I can only advise tenants to collect as much evidence as possible, i.e. take photos, call in witnesses, document the damage in writing, keep logs and so on," the lawyer said. The judge must be able to imagine the defect, even if this rarely takes on such bizarre forms as in a case brought by the lawyer Stefan Schetschorke. In a court case because of disturbing heating noises the judge had criticized, the cracking noises should have been described more intensively. He wished for comparisons such as "It sounds like the babbling of a brook" or "like birds chirping".

Construction noise is not a risk to be accepted

If it goes around rent reduction because of building noise, for instance with a modernization, the courts require a detailed building diary. In it, the tenants must record all the activities of the construction workers associated with noise. If longer construction work is pending in the house, one should therefore try to agree with the landlord on a lump-sum rent reduction, advises Imke Oevermann: "Even if this may be somewhat lower, one often fares better with it, because one saves oneself the annoying keeping of the construction diary."

Many landlords are under the impression that construction noise is a "general risk of life" in a big city like Berlin and therefore does not entitle them to reduce the rent. The fact is: According to a ruling by the Berlin Regional Court, the rent cannot be reduced if the construction site was foreseeable when the tenant moved in. If you move into a redevelopment area, for example, you have to expect noise and dirt. The situation is different in the case of the "Wilmersdorfer Arkaden", where demolition excavators and jackhammers have been plaguing residents for over a year now. Also here the landlord side argued that in Berlin now times at all corners and ends one builds. "The Charlottenburg District Court clearly stated that the residents did not have to expect such a large construction project when they moved in," reports attorney Wolfgang Hak. The judge even let it be known that a much higher rent reduction than 20 percent would have been possible.

Conclusion: Tenants have a whole range of options at their disposal to force a defaulting landlord to remedy defects. Which step is the right one should always be discussed in a legal consultation.

Who else can help with defects?

In addition to advice from the Berlin Tenants' Association, it may make sense to consult one of the offices listed here

Building and housing inspectorate

In case of serious deficiencies, you can call in the district building inspectorate. This applies especially to damp walls, mold, heating failure in winter, leaking roof, balconies that are in danger of falling, and so on. The authority usually makes an on-site appointment and then writes to the landlord. Theoretically, it can impose a fine on an inactive landlord or carry out a substitute performance, i.e. repair the roof at its own expense, for example, and claim the landlord for this. In practice, both are very rare. Chronically understaffed housing authorities usually trust landlord's promises. But there are differences between the boroughs – and it can't hurt anyway. Some landlords are impressed when a government agency shows up on their doorstep. Tip: join forces with other building residents and inform the housing inspector together.
Addresses can be found in the yellow pages under "Bauamter".

Health Department

If there is a threat to health, for example from pollutants such as asbestos or from vermin, you can contact the health department of your district of residence. This also includes mold – however, the Berlin health authorities do not carry out fungal spore measurements or issue medical certificates on possible health risks. The most important task is to give advice and to refer people to other specialists (for example, environmental physicians, testing laboratories and so on).
Addresses: see Yellow Pages "Health Offices.

Environmental office

In the case of odor and noise pollution caused by commercial operations and technical equipment, for example bakeries, air-conditioning systems, carpentry stores, etc., the authorities will take measurements to check whether the noise protection regulations are being complied with.

Ordnungsamt

Competent for house and neighborhood noise. So instead of calling the police, you can also call the public order office if the neighbors are partying too loudly or if there is no end to the street party.

Expert

In the case of serious defects, an expert opinion can be obtained. This makes sense especially in the case of residential toxins such as asbestos or formaldehyde or in the case of controversial issues such as the occurrence of mold. The tenant has to pay the costs for the expert opinion himself, but under certain conditions you can claim the money back from the landlord. Important: In court, this is only considered a "party opinion"; as a rule, another expert opinion is obtained. But the surveyor can testify in court as a witness.

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