Due to the massive price increases of construction materials, which are among others due to the Covid-19 pandemic, demands for price adjustments for materials (during the construction phase) have often resulted in contract disputes.
In the case of long-term construction sites, it can often happen that the contractor is hindered in the proper execution of his performance and accordingly needs more time to be able to complete the construction project.
Can a company be held liable if his employees attempt to recruit employees of a competitor company with unfair business practices? This consideration gives rise to the following questions: What conditions must be met for an enticement of employees to be considered unfair, and what are the consequences for the managing director?
The shortage of skilled workers in Germany is a considerable problem. With the new applicable version of the Skilled Workers Immigration Act of 1 March 2020 (Fachkräfteeinwanderungsgesetz) , the legal basis was expanded, which serves to implement various EU directives on the entry and residence of so-called third-country nationals.
After the Federal Constitutional Court of Germany ruled in its decision of 25 March 2021 (2 BvF 1/20, 2 BvL 5/20, 2 BvL 4/20) that the Berlin Law on Rent Restrictions in the Residential Sector in Berlin (“Berlin Rent Ceiling”) was incompatible with the German Constitution and therefore null and void, the displeasure of Berlin tenants was considerable.
A retailer who has not been allowed to open his shop due to the Corona closure order only has to pay 50% of the net rent of the shop.
Although many of the provisions of the 1975 Subcontracting Act are merely dispositive, provided that the stipulations of the contract are negotiated, Article 14, which deals with the surety of the principal contractor, stands out as being of public policy: it cannot be derogated from under penalty of nullity of the contract.
The decision of the Court of Cassation brings a new, restrictive, look to the regime of the surety.
Since the 2016 reform of the law of obligations, the new Article 1218 para. 1 of the Civil Code only provides for force majeure for the debtor of an obligation.
The question has been raised whether a creditor can also invoke it, if due to unforeseeable, irresistible events beyond his control, he is no longer able to receive the benefit of his claim.