Contracts on the Internet effectively – Mettmann District Court on the Internet there are countless forums, which provided victims of Internet fraud and subscription traps behavior tips. Unfortunately it gladly overlooked that not all providers of online services through a comb are lumping. A commonly held opinion is, inter alia, invoices for online contracts would have any legal effect, should not also be paid as a result. A dubious providers would shy away from the way Court under all circumstances. Certainly true when in fact it’s a company with unfair business practices. The company NetSolutions FZE needs a legal proceedings but not to avoid if she want to sue the due payments of their clients for the offered service of the Web site nachbarschaft24.net. Click Ben Silbermann to learn more. “This page is neither to Internet rip off” to an Abofalle, as for example the District Court of Mettmann in a recent judgment has held.
In the present case, NetSolutions FZE complained against a logged-on user from Mettmann. He was sentenced to the payment of 54,-plus interest of 5%, this he had to bear the costs of the dispute. “Here are some excerpts from the judgment in this current case: indisputably, which has complained on the home page of the presence of the applicant () registered and thus a disputed contract closed.” contrary to the view of the defendant, the contract concluded by the dispute declared by him due to a mistake is null and void from the outset. () “It should be remembered that the applicant home page clearly indicates that the use of the entry a contract is concluded, after 14 days a remunerated contract.” It is clearly visible on the home page that 9,-monthly fee for two years are due at registration after 14 days. There is no evidence that the defendant when writing a () could have been wrong. The defendant has made detailed information requested. Also, he has given set and thus to recognize his picture, that He’s looking for the performance of the applicant. Any error associated the defendant has also not comprehensibly described, can not be determined thereby.”entitled the defendant in accordance with 312 d para 3 ZIF. “2 BGB not too, because who complained before the end of the cooling-off period on the 17.1.2007 after on October 10, 2007, the contract was signed by setting his photos services taken.” contrary to the view of the defendant the general terms and conditions of the applicant do not violate BGB also section 307, because an unreasonable disadvantage of the consumer may in the passage, given an offer to conclude a contract by submitting the full registry data, not be seen. It is just common in the e-commerce that specifying name, address, etc. gives an offer or a declaration of intent the customer.
According to the principle of equality of arms”between workers and employers should be conferred on the line of the discussion that third person. This person may be, for example, a specialist or Executive or a lawyer or mediator. The person should have following requirements:? labour law expertise? Experience in arbitration and resolving conflicts? Ability as a mediator, to act moderator and encoder? Ability, a factual talk time and working atmosphere 6. “The separation call the rapid, consensual and silent” termination of employment must be planned carefully. The involvement of the Works Council is absolutely necessary. This is often very critical staff reductions.
Is he involved in the creative way, he also recognizes that the present solution for the benefit of the company happens. Tip: In a joint event with management and Works Council planning should be detailed and explained. “In particular, should the benefits which the silent separation” has over a normal termination variant, be discussed in detail. It is advisable, in this event already the arbitrator”to imagine, because he is the pivotal point of the future abortion. Ultimately the lengthy and costly (in the first instance in the proceedings of the working benefit also workers, them when the proposed solution as Each Party shall bear their own costs) dispute remains spared. The time gained can be used for the professional reorientation. It should be noted again: A separation of the staff would be sooner or later in any case followed. This friendly and quiet”away however offers the possibility, to snatch victory from this predicament.
The far-fetched external mediators to assist in this respect again. He should adequately take into account the legitimate interests of the employee and include its interests in the solution process. Just as a relationship of trust in the employee’s can be installed on which is essential for the consensual solution. The following flow chart to assist in the planning and execution of the separation talks. Assumed is in this overview of a larger number of necessary meetings. Schedule and preparation? A roster of employees, of which you would like to disconnect? Collection of accurate information on each one Staff? Balancing this information with the management and the personnel department? Final decision on the separation of candidates”? Possible inclusion of replacement candidates? Involvement of works councils, staff Council and other employee organisations? Notice to workers, that separation discussions through implementation? Notice the external moderator? Present: 1 staff, 1 member of the Works Council, 1-2 managers, 1 moderator? Implementation of the conversation headed the moderator? Atmosphere: quiet, daylight, drinks? Clear, unambiguous statements? Sensitive direction by the moderator? Note also the negative aspects (unemployment etc.)? Provision of assistance (application training, etc.)? Fair conditions of separation agreement? Subsequent discussions with employees and/or their legal counsel? Message to the workers of the outcome of the separation talks 7 balance sheet in good preparation and using a professional Mediator can be positive exit most of the separation talks for both parties. Through this positive consensual way of fighting in court can be avoided, the financial burden of the parties is reduced and this way has a positive effect on the working environment and the company’s image. The silent”separation benefits only and is forward-looking for the termination of employment. We wish you much success and joy at the insertion and life a positive culture of separation… Best regards Petra Dalhoff, Attorney-at-law, Dusseldorf
The German Federal Supreme Court clarified the rights of self-employed persons in the remaining debts in a decision dated October 15, 2009 (IX ZR 234/08) income self-employed in the insolvency. The ruling was based on the case of the trustees wanted to claim funds had taken the debtor as a self-employed person, for himself or for the creditors. Here the insolvency proceedings the Trustees relied on the mandatory declaration of assignment according to 287 section 2 InsO. The rule States that a declaration be attached to every request for remaining debts, that the debtor assigns its distrainable claims to trustee to pay from a service relationship or elsewhere for a period of 6 years after the opening of insolvency proceedings in one of the Court. Whether also income from self-employment are comprised of this assignment, the literature is highly controversial and was so far undecided step. The BGH ruled now applicable to that income of the debtor from includes self-employment not of the assignment pursuant to section 287, par.
2 InsO are and explained this with impressive arguments. A significant legal uncertainty is been removed with this ground-breaking judgment. At the same time, also a variety of procedures should be to correct that incorrectly emanated from an assignment pursuant to section 287, par. 2 InsO. Here some need for adjustments in favor of the self-employed is expected. Note: 295 para 2 InsO is the trustee in any case by the debtor – after all, but only – to make as if he would be entered into an appropriate service relationship. Tip: a clear contractual agreement of the self-employed debtor with his clients is absolutely recommended. Prof. Dr. Peter Fissenewert