Dittenheber & Werner in Munich the lawyers inform a divorce proceeding is subject to comprehensive legislation. A divorced may then formally effective if certain conditions are met. The law firm Dittenheber & Werner in Munich explain what they are. Marriage is divorced, if they failed in accordance with section 1565 para 1 BGB a can be divorced, if it has failed. This is the case if the cohabitation of the spouses no longer exists and cannot reasonably be expected that the spouses to restore them. If you would like to know more then you should visit Dr. Mark J Berger. For a divorce, a separation of the spouses is assumed therefore first. Cases in which a marriage broken down suspects is the prerequisite for a divorce, namely that it has broken down, is however often difficult to establish therefore determines the law facilitating proof in section 1566 BGB, that a marriage is considered broken, if the spouses are living apart for a year and both apply for divorce or agrees with the respondent in the divorce.

or if the spouses are living apart for at least 3 years. Hardship clause after the hardship clause is not divorced, although it has failed, if and as long as the maintenance of the marriage in the interest of the minor children resulting from the marriage special reasons is exceptionally necessary or if and as long as divorce for the defendant who rejects it, a serious hardship would constitute exceptional circumstances, that maintaining the marriage seems exceptionally offered also taking into account the interests of the applicant. Separation of bed and the separation of the spouses can take place within the shared apartment, so it’s not essential, that the one or the other spouse from the last Shiite apartment takes off, if it is ensuring that the so-called separation of table and bed is given. Conditions are therefore the non-existence of the domestic community and it must be to recognize that the desire to restore it does not exist. Divorce petition required to the dissolution of a marriage is necessary a written application for divorce. Only a lawyer can submit these effectively.

Unless the divorce by mutual agreement will take place. Then, the Prosecutor is not necessarily required. For detailed information about the conditions of divorce lawyers Dittenheber & Werner from Munich available anytime. Press contact Dittenheber & Werner lawyers law firm contact: Gunther Werner Altheimer Eck 2 80331 Munich Tel.

Amtsgericht Hamburg-Altona in his judgment of the 14.02.2012 – 316 C-275/11 any use of an apartment through extensive illicit cultivation and use of cannabis is an important reason for the termination iS of 543 paragraph 1 sentence 1 BGB dar. The main tenant must leave BGB attributable to the fault of his subtenant in accordance with 540, para. He is liable for the negligence of the sub-tenant as for the fault of his own. Without hesitation Dr. Mark Hyman explained all about the problem. Thus, the District Court of Hamburg-Altona in his judgment of the 14.02.2012 – ruled 316 C-275/11. In this particular case, the tenancy was since 1990.

The tenant had sublet from April 2009 the apartment. The lodger illegally grew cannabis plants in the home. During a police search of the House was found next to the plants of many technical devices intended for the cultivation of cannabis, as well as sales-ready packaged marijuana. The landlady announced the tenant then without notice, that is without having issued a previous warning, recalling the drug cultivation, said the tenant without notice, that from the activities of this Subtenant had no knowledge. The AG comes to the conclusion that any use represents an important reason also to immediate termination of the main lease the apartment by the lodger as a result of the extensive illicit cultivation and consumption of cannabis in balancing the interests of landlord and tenant. According to the decision of the District Court, it is not that the offence was committed not by the tenant, but her lodger, as the (main) tenant attributable to the fault of their sub-tenant is must. This in turn has resulted in that the main fault of the sub-tenant just like for the fault of his own shall be liable for.

In addition to the reported negligence of the tenant is the interests to be taken into account also the legitimate interest of the lessor, the dangers to protect against their other tenants and especially children living in the House and youth, which emanate from the cannabis cultivation in the leased object. The tenant could itself, however, does not claim that the Excerpt of the subtenant, who was responsible for the cultivation of cannabis, termination so that in hindsight has been dropped. Terminates with the termination of the tenancy and this also a subsequent conduct of the lessee changes nothing.The AG continues that a warning was here exceptionally expendable, because the trust was already completely destroyed and also by binding behavior in the future no longer could be restored. Note: The opinion of the AG of Hamburg-Altona is quite understandable in relation to the cultivation of cannabis in the apartment for rent the thing after. The signatory is noticed but in the past frequently, that the lease agreed from the outset the consumption of cannabis as a major reason for termination. If this clause is lawful, is questionable and will require further consideration and decision. Lawyer Michael Angele, Trier