Civil Law, Enforcement of claims and Debt collection

Civil Law

The contracts of everyday life are part of general civil law. For example, if you buy a car or attend a concert, these activities require the conclusion of a contract.

Civil law issues are about asserting your own claims or defending yourself against the claims of third parties.

These and other types of contracts are governed by general civil law. The rules of general civil law are determined in particular by the German Civil Code (BGB).

There is no specialist lawyer title for this area of law. Nevertheless, it is a core area of our work: all our lawyers advise you in the field of civil and contract law.

Contact our experts:

Dr. David Einhaus
Dr. Ulrich Hansen
Alexander Mertelsmann
Fabian Carlesso
Patrizia Cutaia
Susan Salar
Enza Ciccarello

 

Enforcement of Claims and Debt Collection

Default of payment by the debtor, enforceable title, and now?

Our experienced staff in the debt collection department are comprehensively trained in enforcement law. Thus, they reliably and effectively ensure the collection of debts. Our clients include health insurance companies and banks as well as companies and private individuals. Lawyer Fabian Carlesso heads the department.

Benefit from easy collection of your claims: In judicial dunning proceedings, we assert your payment claims quickly. Subsequently, we enforce your claims in compulsory enforcement proceedings.

Do you have international claims? The German international dunning procedure and the European dunning procedure (European order for payment) are our strengths. We enforce claims of foreign companies in Germany as well as German companies abroad.

Does your company have its own receivables management? You can import your receivables accounts directly into our system via a software interface. This saves you important time and simplifies the process.

This is how we enforce your claims:

Initiation of property, bag and cash garnishments on promising occasions and at promising times,
Determine the debtor's attachable claims against third parties. Subsequently, initiation of garnishments of the claims that maintain their rank (employment income, garnishments of bank accounts, life insurances, savings contracts, tax refunds, property transfer claims (e.g. financed motor vehicles, concealed employment income))
Issuing levy of execution orders on movable assets
Applying for information on assets up to and including execution custody, if necessary obtaining information from third parties (Federal Motor Transport Authority, Federal Central Tax Office, pension insurance institutions)
Negotiations with debtors on appropriate partial payments with safeguards (e.g. assignment of wages) and monitoring of instalment payments
Determination of real estate assets as well as swift enforcement (e.g. registration of compulsory security mortgages, compulsory auctions).

Contact our experts:

Fabian Carlesso
Dr. David Einhaus

 

 

Labour Law

Our specialist lawyers in labour law, Dr Ulrich Hansen and Susan Salar, are responsible for the main area of labour law.

This area of expertise includes, among other things, the drafting of employment and management contracts, dealing with works councils, the limitation of employment contracts and their termination. Our clients include employers, employees as well as executives.

Our experts represent you before the Labour Court in all instances. In this context, one focus of our judicial activity lies in the conduct of actions for protection against dismissal.

During the employment relationship we advise you on all matters of labour law, e.g. parental leave, illness, (old-age) part-time work, short-time work, maternity protection and questions of the general principle of equal treatment. Likewise in questions of remuneration principles, which also include parental leave compensation, gratuities (Christmas and holiday pay) and bonuses.

We also advise you out of court on all labour law issues. Be it: "I have received a notice of dismissal, what should I do?", "What should I do in case of a warning?" or "How can I get my wages?"

You will benefit from the experience of our experts, especially when it comes to problematic employment relationships and termination of employment. We know the perspective and tactical considerations of the respective opposing side from many years of experience.

We carry out larger projects, especially restructuring in medium-sized companies, as a team. If necessary, our specialists from other areas of law provide support.

Lawyer Dr. Hansen has specialised, among other things, in German-French cross-border commuter law. He cooperates closely with the French Association des Frontaliers d'Alsace Lorraine (AFAL) and can advise you in business fluent French if required.

We also offer customised in-house seminars for your company and your HR department. In this way, you can train your employees on questions of equal treatment, on works constitution law or in the design of job references.


Contact our experts:

Dr. Ulrich Hansen
Susan Salar

Heritage Law

It makes sense to settle one's own estate early and reliably. This can be in the form of a will or inheritance contract. We advise you comprehensively and find a reliable arrangement together with you.

Are you an heir or beneficiary of an estate? Let our lawyers advise you on asserting and enforcing your rights.

Our experts Patrizia Cutaia and Enza Ciccarello will assist you in national and international inheritance law. Lawyer Cutaia specialises in German and cross-border inheritance law, lawyer Ciccarello is a specialist in Italian inheritance law. Both are currently seeking the ceriticate of specialisation for heritage law. German-Italian inheritance cases are a focus of the firm's advice. Dr. David Einhaus is also consulted in the area of corporate succession, estate planning and corporate as well as tax law regulations.

If you wish, we can also take over the execution of your will. The executor executes the testator's testamentary dispositions. There are many reasons for ordering the execution of a will. For example, the testator can secure his or her will. This applies, for example, with regard to a legacy or an obligation. The execution of a will also serves to protect the heirs from themselves, e.g. in the case of minors. It also simplifies the administration and division of the inheritance. This is particularly the case if there are several heirs, or heirs who are at odds or not resident in the area.

Contact our experts:

Patrizia Cutaia
Enza Ciccarello
Dr. David Einhaus

Family Law

Family law requires a high degree of empathy and negotiating skills. Lawyer Patrizia Cutaia uses these skills with many years of experience in all matters relating to marriage and family. She is also a prospective specialist lawyer for family law. Therefore, she knows about the exceptional situation that people experience when they are affected by a separation or divorce.

Lawyer Cutaia advises you in a level-headed, pragmatic and solution-oriented manner. This is especially important when it comes to questions of custody, maintenance, property division, division of household goods or gain.

Contact our expert:

Patrizia Cutaia

 

Intellectual Property, Law of Arts

Intellectual Property

Industrial property protection includes the Unfair Competition Act (UWG), trade mark law, patent law, utility model law, employee invention law, design law and copyright and press law.

Competition law litigation usually arises from one of these two situations: A trader has committed an infringement of competition law, which he should refrain from doing in the future. Or: he is to be prevented from committing an infringement of competition law in the first place.

Let us advise you on how to enforce and protect your rights. We can also assist you in defending yourself against unlawful claims.

Contact our experts:

Alexander Mertelsmann
Fabian Carlesso

Law of Arts

Works of art not only enrich our everyday lives - they are also important carriers of value. Acquisition, ownership and transfer of art must be carefully planned and executed from a legal and tax perspective. This also applies to inheritance from generation to generation.

The art trade in particular requires legal expertise. In this strongly international and steadily more digitalized market, you benefit professionally and linguistically from the international orientation of our law firm.

We support you in these areas:

International art trade (purchase law, ownership issues, liability for defects, liability for forgeries, non-fungibile Tokens (NFTs))
Auction law (consignment, auction, handling, drafting and review of auction conditions, etc.)
Cultural property law (questions concerning the import, export and placing on the market of cultural property as well as the general obligations according to the KGSG)
Restitution law (advice and representation of collectors, art dealers and museums on dealing with looted art)
Private sales (advice and assistance from the declaration of confidentiality to the signing, drafting of art sales contracts, mediation agreements)
Damaged and destroyed art and cultural assets (damage law, claims settlement, insurance law, etc.)
Inheritance and anticipated transfer of art objects and art collections
Gallery contracts, museum contracts, art loan contracts
Copyright law
Corporate Collections: legal support of corporate collections
Art transport law (contract and damage law)

Our clients include private collectors, national and international galleries.

Please contact our experts:

Dr. David Einhaus
Fabian Carlesso
Patrizia Cutaia

 

Trade and Corporate Law, International Business Law, Insolvency Law

Trade and Corporate Law

Dr. David Einhaus, a certified specialist in commercial and corporate law, tax law and international business law, heads the firm's commercial law practice area.

Most questions in this area concern contract law, liability avoidance, incorporation of companies, joint ventures, shareholder disputes, shareholder meetings, conversions and company acquisitions, including alle kinds of M&A transactions. On these and other issues we advise companies of all legal forms, such as the GmbH, AG, GbR, KG, GmbH & Co. KG and their shareholders, managing directors and board members.

Let us professionally draft and review your business and partnership agreements. We also advise and represent you in the enforcement and defence of claims - in and out of court. As an authorised dealer or commercial agent, you can also have your contracts and general terms and conditions drafted and reviewed by us.

In addition, we answer all your questions on the topics of commission accounting, compensation claims and termination of the contractual relationship.

In national and international contract negotiations, you will benefit from our many years of experience, especially with regard to Italy, the European Union, the USA and Switzerland. As the representative office of the Italian Chamber of Commerce for Germany, we have a special interest in the link between the two economic systems.

We see ourselves as a business law firm that thinks and advises in a holistic manner. Our experts are in close contact with each other when dealing with matters from different areas of law.

Please contact our experts:

Dr. David Einhaus
Fabian Carlesso
Alexander Mertelsmann
Susan Salar

Insolvency Law

We enforce your rights as a creditor. The aim is to avoid bad debts in the event of insolvency or impending insolvency of your contractual partners. In the opening proceedings we represent you vis-à-vis the insolvency administrator. In doing so, our focus is on the facts of avoidance from the creditor's point of view.

This is how we support creditors:

Advice before and during insolvency
Filing claims in insolvency proceedings
Enforcement of rights of segregation and separation against the insolvency administrator
Defence against avoidance claims
Insolvency-proof provision of contract
Drafting insolvency-proof security clauses in contracts and general terms and conditions.

Contact our expert:

Dr. David Einhaus

 

International Business Law

International commercial law forms the legal framework for international economic relations, e.g. of states, international organisations and for private transactions of goods and services.

Due to the strong globalisation of trade relations, international business law is becoming increasingly important for companies. Be it in the area of international corporate structures, European state aid and competition law or international arbitration proceedings, as well in the areas of Artificial Intelligence (AI), smart contracts and blockchain technology, which have even become relevant in the Law of Arts.

Benefit from our expertise and many years of experience in negotiating supply contracts, e.g. with raw material suppliers, with OEMs, with tool manufacturers or for international cooperations. We will be happy to present your negotiation options to you in advance. As experts, we are also at the table during negotiations if required.

Our lawyers Dr. David Einhaus and Alexander Mertelsmann will advise and represent you competently in international business cases. Dr. Einhaus is a licensed avvocato in Italy and has specialised in international business law. Attorney Mertelsmann LLM, is admitted as an Attorny at Law in New York City.

Dr Einhaus publishes on selected topics of business law. He also lectures regularly as a trainer and lecturer for the training of specialist lawyers in international business law.

Contact our experts:

Dr. David Einhaus
Alexander Mertelsmann

 

Real Estate Law, Tenancy Law

Real Estate Law

Real property law regulates the rights to real property. This concerns, for example, land contracts or rights in rem to land.

Real estate law regulates the purchase, sale and encumbrance of land, houses and flats. It also includes residential property law, real estate agent law, private building law and architect law. This specialist area is also referred to as real estate law.

This is how we support you in the area of real estate

Review of property and real estate contracts
Involvement and representation before, during and after the conclusion of contracts (contract controlling)
Assumption of contract management in the context of project development
Due diligence reviews
Handling of purchase price and warranty claims
Control of warranty and limitation periods
Conducting independent evidentiary proceedings and litigation
Profitability reviews.

Whether you are a homeowner or a nationally and internationally active real estate investor: Get comprehensive legal advice on your project.

Contact our experts:

Dr. David Einhaus
Fabian Carlesso

 

Tenancy Law

In Germany, residential and commercial premises are rented more often than they are bought. Therefore, tenancy law has great practical significance for many of our clients.

Our lawyers Alexander Mertelsmann and Fabian Carlesso advise both tenants and landlords. They advise you from the negotiation of a contract to the conclusion of a tenancy agreement to the settlement of the tenancy after its termination. They will also assist you with problematic issues such as termination, rent increases, modernisation, rent deficiencies or utility bills.

Contact our experts:

Alexander Mertelsmann
Fabian Carlesso

 

Italian Law, US Law

International Private Law

In an international legal case, international private law clarifies the question of which law is applicable. For example, in the case of an inheritance of a foreign national in Germany, it must be checked whether German law or the law of the further state concerned is applicable. This also applies to the estate of a German national abroad (e.g. holiday home in Italy), in the case of an international marriage, cross-border employment or an international commercial purchase, etc.

Some of our lawyers are also admitted in Italy and the USA. This means that we can personally represent you in court in Italy, Germany and the USA, depending on which law applies in your case. We are also broadly positioned in terms of language: Out of court, we represent you in German, Italian, French, Spanish, English and Norwegian.

Our lawyers regularly lecture on private international law, publish specialist articles and participate in panel discussions.

Contact our experts:

Dr. David Einhaus
Dr. Ulrich Hansen
Alexander Mertelsmann
Fabian Carlesso
Patrizia Cutaia
Susan Salar
Enza Ciccarello

Italian Law

Avvocato Dr. David Einhaus and Avvocatessa Enza Ciccarello are admitted to the Italian Bar without limitation. They will personally represent your interests at all times at Italian courts, with Italian notaries and out of court.

Upon request, we can also translate your documents into Italian. Dr. Einhaus is a sworn translator of documents for the Italian language. This means that you benefit from a high quality translation. This is especially important for legal documents, e.g. complex contracts.

Contact our experts:

Dr. David Einhaus
Enza Ciccarello

 

US Law

Have you already established a US business? Are you planning to invest or start a business in the US? Entering the US market holds great opportunities but also challenges.

From our long-standing connections in the US, we know the US market as well as the country and its people. We successfully combine the approach, wishes and needs of German companies with the US culture.

Benefit from comprehensive advice by attorney Alexander Mertelsmann, who is admitted to practice as a US attorney (Attorny at Law) in New York City. If you are entering the US market, he will advise you in German or English, on site in the USA or in Germany. If you have legal disputes in the USA, he can represent you personally before US courts. Alternatively, we can access a strong network of local partners.

Contact our expert:

Alexander Mertelsmann

Tax Law

Tax law touches almost all areas of life of natural and legal persons.

Especially in entrepreneurial activities, it is important to seek legal and tax advice. The tax implications must be carefully thought through, from company formation to company succession.

In extreme cases, this can even lead to criminal tax proceedings. In most cases, the effects of such proceedings are very burdensome. However, the effects can often be minimised by taking countermeasures at an early stage. Our team supports you in this difficult phase.

Due to his qualification as a specialist lawyer for tax law, Dr. David Einhaus is an expert in this field. Fabian Carlesso, prospective specialist lawyer for tax law, will also competently assist you with your questions.

We also cooperate with the tax consultancy Barthel & Sarcoli. To simplify cooperation, we have joint offices in Freiburg.

Your advantage: In complex cases, we can optimally coordinate legal and tax advice within short distances.

Contact our experts:

Dr. David Einhaus
Fabian Carlesso