Compliance, liability and damages from a lawyer’s perspective

Compliance, liability and damages from a lawyer's perspective

The term compliance has long been a fixed part of business language. Literally, it refers to compliance with rules and laws.

It means that a company consistently complies with legal regulations, but also with standard specifications, ethical maxims and rules from voluntary commitments and ensures internally that compliance is part of the corporate culture and is not based solely on good will or coincidence.

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Rent reduction: reasons for a justified rent reduction

A reduction in rent is prescribed by law for apartments, houses and other properties: Section 536 of the German Civil Code (BGB) states that the monthly rent must correspond to the level of the actual condition of the rented property. Reasons for a reduction of the rent result from material defects or defects of title of the rented property.

The following aspects are to be considered in the case of rent reduction:

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Confidentiality in ombudsman procedures

Confidentiality in ombudsman procedures

The guarantee of confidentiality serves to protect all persons involved in a procedure and it also applies beyond the conclusion of a case. On the one hand, confidentiality protects those who approach the panel from possible disadvantages that may result from such an inquiry. No scientist may suffer any disadvantage as a result of his or her decision to contact the Ombudsman for Science. On the other hand, of course, the person to whom a reference to a possible violation of rules or scientific misconduct refers must also be protected from unjustified accusations. To be able to guarantee this protection, confidentiality is demanded from all parties at the beginning. A breach of this confidentiality will be considered by the Ombudsman for Science as a breach of the rules of good scientific practice and, if appropriate, will be referred to the relevant misconduct committee. Moreover, the ombudspersons of universities are bound to secrecy, if only because they are dealing with information that they learn officially.

However, if the investigation of a matter reveals a reasonable initial suspicion of scientific misconduct of considerable weight that cannot be corrected, the Ombudsman is encouraged to report the facts to the appropriate Commission for the Investigation of Scientific Misconduct. In cases of falsification and fraud, the basic rule of procedural confidentiality does not apply to investigative commissions.

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Children’s noise disturbs you or the neighborhood? You have these rights as a tenant

Noise always leads to disputes between male and female tenants. Special regulations apply to children, about which you will find comprehensive information in the following text. Children enjoy greater freedoms than adults, but are also not always allowed to be noisy indefinitely. The point at which children's noise is prohibited by law depends very much on the age of the children, because it is assumed that as they get older, they will be better able to understand and comply with limits regarding loudness. Let Uwe Heichel, attorney for landlord and tenant law, advise you on this matter.

Why children's noise is different from other noise nuisances?

In contrast to the noise of a construction site, children's noise must be tolerated to a certain extent and cannot be grounds for termination by neighbors. According to the law, children's noise is not a "harmful environmental impact". This is because children and families are given special protection under the law and, apart from that, parents are only able to influence their children's noise to a limited extent. Surely you know from your own experience that small children cannot be kept from laughing loudly while playing and that babies often start to scream especially when they wake up at night. If parents could prevent this, they would certainly do so out of their own interest. Accordingly, the neighborhood is also required to be considerate and can not enforce a completely undisturbed silence.

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