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The legal consequences of the digital estate

26.02.2019

E-Commerce

The German Federal Supreme Court ruled that heirs fully enter into all legal relationships of the testator due to the general applicable universal succession. This applies equally to all digital contracts with operators.

Telecom providers may unilaterally amend general terms and conditions and terms of payment

26.02.2019

Consumer Protection Civil Law

Telecommunications providers are allowed to unilaterally modify general terms and conditions and terms for service prices on the basis of the statutory provisions of § 25 TKG without a contractual agreement in this respect.

The German Network Enforcement Act (NetzDG) can be enforced by removing content and blocking

26.02.2019

E-Commerce

Social network operators can enforce compliance with the Code of Conduct both by removing the illegal content and by blocking the user account concerned.

Reimbursement of commission in the event of flight cancellation

26.02.2019

Consumer Protection Civil Law

If the flight is cancelled, the commission collected from the passenger by a brokerage company on the purchase of a flight ticket must also be refunded as part of the total price.

Chargeable bank statement unlawful

26.02.2019

Banking Law

The fee of € 2,00 for a transmission of account statements by mail, which is provided in the terms and conditions of a bank, is not legal.

Parents damages in case of delayed education start of the child following an acciden

26.02.2019

Civil Law Miscellaneous

Because of the injuries suffered in a traffic accident, the plaintiff's daughter was unable to take the entrance examination for medical studies.

Account charges may only be increased under certain conditions

26.02.2019

Banking Law

The transparency requirement of the KSchG stipulates that the consumer must be informed about the significant influencing factors of a fee increase in order to understand the effects of a clause.

On the (in)validity of allographic wills

26.02.2019

Civil Law Miscellaneous

According to the latest decision of the Supreme Court, testamentary decrees not handwritten by the testator are only valid if the testamentary witnesses themselves sign on the deed.

The clauses "manual rework" and "third-party charges" are void

26.02.2019

Banking Law

The clause “manual rework of transactions € 2,90/3,90” contained in a bank's general terms and conditions, according to which consumers must pay the specified fees even if the manual rework of their transaction is necessary solely for reasons attributable to the credit institution (such as computer errors), is grossly disadvantageous and therefore ineffective.

Tacit order placement of real estate agent

26.02.2019

Civil Law Miscellaneous

An implied order placement is to be assumed if the interested party tolerates the activity of the commercial real estate agent or makes use of it profitably.