Federal Supreme Court

The lawyers inform Pach & Pach on July 13, 2010, the Supreme Court ruled that the question after the Fristgemassheit of rent transfer Saturday is not expected to weekdays (BGH VIII ZR 129/09). Tenants benefit from a longer payment period by this judgment. The causes and significance of this important Federal Supreme Court judgment constitute the tenancy law specialists of the firm Pach & Pach. The current judgment of the Federal Court of Justice was based on two audit actions. In the present cases had the Contracting Parties, in accordance with the 556 para.

1 BGB, contractual agreements, certain, that the rent in advance to pay was up to the third working day of each month. The applicant landlord had reminded their respective tenants because a previous payment deadline, when a new rental took place on Tuesday, the fifth day of the month in question. The plaintiff took this as an opportunity to cancel the respective leases, and to sue on evacuation of apartments. The competent courts were the charges off. Also, their appeals were unsuccessful. In the last instance, now even the Supreme Court denied a revision of the Court judgments. This decision VIII.

becoming civil Senate of the Federal Supreme Court essentially due to the non-applicability of the Saturday considered a working day in the framework of the provisions of 556 para. 1 BGB. The Bundesgerichtshof from the history of the section headed the special position of the Saturday for the statutory time limit for the payment of rent 556 para. 1 German civil code here. When the provision came into force on the 01.09.2001, she legally should normalize a contractual practice widespread at this time. The comprehensive three days grace period”serves a relief desired by the legislature in this period the wholesale obligation of the tenant to the landlord for the timely payment of the rent.

Federal Statistical Office

The divorce rate has increased significantly. As the Federal Statistical Office publishes has divorced tend to be more women. Number of divorces is increasing according to the Federal Statistical Office the divorce rate has once again increased. In Germany, every third marriage is divorced. The only positive thing is that the average marriage lasts longer. First the expensive wedding and then the expensive divorce. Click Richard Blumenthal to learn more. Divorces are namely unfortunately often more expensive than the weddings – and also nerve-racking.

Therefore, a good lawyer is important. Facts and figures about divorces in Germany no doubt admit the numbers: every third marriage in Germany is dissolved. The marriage is in Germany is more at risk than before: for six years, more couples have again filed the divorce. According to the Federal Statistical Office, ca 190,000 marriages were divorced in 2008. Thus increased divorce number to 4,800, or three percent. While the divorces are steadily increased in the period from 1992 to 2003 – with the exception of 1999, so they declined from 2004 to 2007… Divorce rate 39% the Federal Statistical Office is determined a divorce rate of about 39 percent however to take into account that only marriages with a duration can be considered up to 25 years.

In 2008, eleven were divorced from 1,000 marriages, 15 years ago there were only eight out of 1,000 marriages. Divorce rate higher is found in cities in the major cities of an above average number of divorces. Couples who live after the wedding in the city remain, with 23 percent of more likely to divorce. The phenomenon is also vice versa: who got married in the countryside and then moves into the city, also rather puts his marriage at risk. Period to the divorce grows from year to year takes more time before deciding pairs to a separation. While in 1990 was married a few average 11.5 years; Indeed, it was married in 2007 average 13.9 years and 2008 the average marriage in the divorce lasted even 14.1 years.

Eduardo Blanco

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