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Ban on online gambling – unlikely to violate EU law
The German ban on online gambling pursues public welfare objectives such as the protection of minors and gamblers. The European Court of Justice (ECJ) already clarified in 2010 that national restrictions serving the public interest do not violate European law. The Münster Regional Court has now stated that it sees no indication that the ECJ’s…
20/01/2025Munich Regional Court: Online coaching contract invalid
Becoming a cryptocurrency expert through online coaching sounds appealing, but it didn’t work for one participant. However, she wasn’t left out of pocket. The Munich Regional Court ordered the online coaching provider to refund the €1,500 in fees already paid to the plaintiff. Contracts for online coaching can be invalid if the coach does not…
16/01/2025What is an inheritance dispute or partition action?
An action for partition of an estate, also known as a partition action or inheritance division action, is a legal remedy when a community of heirs cannot agree on the division of the estate. This is often the case when there are multiple heirs and the estate includes assets such as real estate that cannot…
12/01/2025Requirements for an action to divide an inheritance
1. Estate ready for distribution: The estate must be ready for distribution. This means that all liabilities, such as funeral expenses and debts, must be settled, and the estate assets must be divisible. This is straightforward with cash assets, but often more difficult with real estate, as it usually has to be sold through a…
10/01/2025Online coaching contract invalid – participant entitled to a refund
Online coaching programs don’t always live up to participants’ expectations. However, there are ways to get out of a costly coaching contract. This is demonstrated by a ruling of the Higher Regional Court of Stuttgart on August 29, 2024. The court ruled that the participant is entitled to a refund of nearly €24,000 already paid…
09/01/2025Nachlassregelungskosten
Which costs can be deducted as liabilities of the estate when settling an inheritance? According to the Federal Fiscal Court (BFH), the term “estate settlement costs” is to be interpreted broadly. This includes expenses incurred in connection with an auction – such as consulting and storage costs – provided they serve to generate the sums…
02/01/2025The Art of Will Interpretation: Challenges and Solutions for Practice
Yes, interpreting wills is one of the most demanding tasks in inheritance law. Judges face the challenge of ascertaining the testator’s true intentions, which are often only vaguely or indirectly expressed in the will. At the same time, these intentions must be reconciled with the strict legal requirements and formalities of inheritance law. This becomes…
02/01/2025Historical Development of Inheritance Law
German inheritance law, as we know it today, is based on millennia-old traditions and legal concepts that reach back to antiquity. Its roots lie in both Germanic and Roman law. 1. Origins in Roman and Germanic law As early as 450 BC, inheritance laws were codified in the Roman Twelve Tables, with testamentary succession taking…
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