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owner of cogeneration plants benefit

prerequisite for this development, however, had a stable political environment - as they offer in the power sector such as the Renewable Energies Act (EEG). The EEG obliges operators of electricity networks, energy to feed, preferably from renewable sources. Moreover, the compensation for the electricity produced fixed by law and guaranteed. Of these, among other benefits to owners of power plants.

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calculation of additional duty

In the frequently occurring constellation, that a testator to a third party given in his lifetime revocable regarding eligibility for life insurance, it comes after the succession to the problem of how the compulsory supplementary claim to be calculated. The Federal Court in a ruling dated 28.04.2010 - dissolved IV ZR 73/08) of this controversial issue. Protective purpose of the compulsory part supplement claim is to prevent the statutory share law is undermined by inter vivos transactions within the last 10 years before the succession (BGH, supra). The grant of the subscription rights is qualified as an indirect gift that always triggers a mandatory part supplement claim. But what is the amount by which the assets of the deceased was reduced and are then used to calculate the Pflichtteilsergängzungsanspruch basic needs? To this end, there were different views: the value of the sum insured, value of the premiums paid or the surrender value (see references in BGH, supra). Now the Fourth Senate has parked on the merits in principle to the redemption value: "The duty of supplements is instead solely on the value that the testator in the rights of its life insurance in the past - would have second of his life in accordance with objective criteria for its capacity to implement is a rule it must be based on the surrender value - legal.. Depending on the circumstances of each case may optionally also - objectively occupied - higher selling price be approached pull "

The compulsory beneficiary, who can show proof the alleged Pflichtteilsergängzungsanspruch and must demonstrate a higher value than the surrender value only. if he is a the lifetime of the deceased persons have already repeatedly offers to purchase or if an expert opinion of abstract and general standards to a higher value determined (BGH, supra).

(copyright ago)

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hurdle for feeding electricity from wind power plants is put profit above

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accident prevention on site

works carry a high risk of accidents. This is especially true when several companies are working on a construction site. To protect the employee needs to be a safety and health coordinator be appointed. There is no exception. Thus, the European Court of Justice in Luxembourg in a sentence of 07 October 2010 (C-224/09, Press Release No. 101/10) again pointed out that these safety and health coordinator is essential to order before the beginning of the execution of the work, if present on a construction site several companies. Whether a building permit required for the work is whether the site has particular dangers, whether it is a private or a public building project construction is not material. Subject of the earlier decision had roofing work at a private residence in a range of 6 to 8 m. A guard rail, a crane and workers were provided by three different companies. A building permit was not necessary. In such circumstances, would have - according to the ECJ - a security health and safety coordinator must be appointed. Is primarily responsible for the client. Violations of the obligation can be punished by the safety authorities, they also have a great relevance in the case of liability cases. be

The safety and health coordinator has qualified for their positions and assured himself, because he can make a mistake. The tasks of the safety and health coordinator could accept the client himself or his supervisor. They can also be applied to the architect or a third party. (Copyright ago)

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remarriage after marriage annulment

The church wedding is known to have an impact on employment in the service of the Catholic Church. Since the closed valid sacramental marriage, indissoluble according to Catholic understanding is if there is a public divorce and subsequent remarriage of another partner and employment consequences depending on the position of the person concerned to give a notice of termination. Because remarriage is an invalid marriage, as long as the tape of a previous marriage is (Canon 1085 CIC), and represents a significant breach of loyalty (Article 5 para. 2 Basic Rules of church service as part of church Arbeitsvrhältnisse). The disciplinary action can be avoided if, before the re-marriage a marriage annulment process leads to success.

What is the difference between a divorce and marriage annulment?
In the case of state divorce ends a marriage to the date of sentencing. In a marriage annulment verdict is found that from the beginning, ie at the time of marriage, no valid marriage has been concluded (see Guide Ecclesiastical Court marriage, Münster 2001, p. 34). Where can

you turn to if you want to apply for a marriage annulment process?

competent ecclesiastical tribunal I. Instance is the Officiality, diocesan consistory court or (see Guide Ecclesiastical Court marriage, Münster 2001, S, 89, is the name different in the respective dioceses). There is also a consultancy service. A defense lawyer in the marriage annulment process is not absolutely necessary but is recommended. Advice and representation by specially licensed lawyers in the ecclesiastical court (Ratings Ecclesiastical Court marriage, Münster 2001, p. 103).

employer learns of the church some of the Procedures?
The nullity of marriage is a non-public trial at which all parties are sworn to secrecy. The verdict will be issued only to the parties. It is up to them to use it. The church as an employer is not informed of the procedure. If necessary, the court may confirm that a marriage is declared null and void without the plea must be named (see Guide Ecclesiastical Court marriage, Münster 2001, p. 110)
(copyright ago)

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own use and termination Anbietpflicht

fall flat dismissal by virtue of its needs are not always, although captive present as such. It is settled case-law of the Eighth Senate of the Federal Court that, under the command of consideration - a sub-case of abuse of rights - from the landlord to be offered to others in the same house or in the same residential neighborhood comparable apartment to the tenant, if that within the period of notice of lease is free. Anbietpflicht This does not apply if the other vacant apartment until a month after the notice is available (BGH, Judgement of 04.06.2008, VIII ZR 292/07). If a comparable dwelling is available but must offer the landlord to the tenant and to inform them of the essential conditions of rental. These conditions are size and equipment of the apartment and the rental terms. This has the Supreme Court in its latest decision of 13 October 2010 - VIII ZR 78/10 - (Press Release No. 192/2010) confirmed. If the landlord fails to Anbietpflicht, termination is very unfair and ineffective. (Copyright ago)

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view

We've got such a golden moment in October that it is a shame to stay indoors during the day, I could avoid this weekend. I have spent a lot yesterday and today on my patio (east side) and on the roof (west side) on which you can climb through a window. 10/10/10 to take on the T-shirt a sun, so be your life!

Here's a little bit of my new view of Ghent:

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not work? Can not there be!

In the work contract law is the so-called functional deficiency concept. The functional performance of the work produced is the determining criterion for the success contractually due. It depends on the will of the parties, which function is to fulfill the whole work. It sounds simple at first and of course, but in practice has serious implications.

owed by the Federal Court of entrepreneurs agreed functional performance, even if that success to achieve with the contracted service or embodiment, or even under the recognized rules of technology can not (BGH, NJW 2008, 511 / 512) . In lump sum contracts based on a functional specification, the armed vulnerability is particularly high. Although several companies in the production of the work one after work or when used by the client asked components, is the lack of functional expression. Examples:

• A heating contractor is responsible for a heating system installed in the basement of a house. The connection of these heating system to the fireplace is executed by another contractor. After commissioning of the heating system exploded the fireplace. The reason is that the fire was not suitable for this heating system. The heating contractor was liable because he owed a functioning heating system and it should have considered whether the existing to the fireplace could be connected, which he had not made here (OLG Hamm, Judgement of 18.09.2008 - 24 U 48/07) .
• In a Treatment plant for a gravel pit used by the trader a contract between themselves to be carried out component, a pouring funnel. After commissioning, the customer submits the inaccuracy of the hopper. After the decision of the Supreme Court (Judgement of 10.06.2010 - Xa ZR 3 / 07) the operator is also liable here because the complete works treatment plant was inadequate. That the hopper was made by the client itself, it did not matter. The employer must examine the basis of his expertise, whether he can use the supplied component or not.
• arise at a new building with a thermal insulation cladding after two years of discoloration due to algae and fungal infestation. All the system components, especially the mineral plaster are not distorted. The OLG Frankfurt (order v. 07.07.2010 - 7 U 76/09) was still a shortage because the company owes not only a heat dam system and defective plaster work, but a total functional building. This includes a facade that - there unless particularly unfavorable environmental conditions -. Not after two years, a large-scale cleaning requires (OLG Frankfurt, supra) to ward off

To the responsibility of the contractor for a defect, he must be testing - and Note obligations being fulfilled. The scope of this test adopted by the BGH-Obligation shall be determined in each case. the contractor has not complied with this duty, he remains responsible for the lack of ability to function. He must repair his performance until the agreed function capability is reached (BGH, NJW 2008, 511/513). If this but then services are required, which are not covered by the agreed services or of construction is to ascertain whether the principal part in the additional costs must be (BGH, NJW 2008, 511/513). (copyright ago)

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special employment protection for disabled people: How long is he to argue?

in severely disabled workers, the employer for an effective dismissal - to obtain the approval of the Integration Office (§ 85 SGB IX) - in addition to the labor conditions which must be present for granted. The consent is only required if some less intrusive in § 90 SGB IX listed exceptions (eg the employment relationship is not yet in receipt of the termination of 6 months or dismissal due to inclement weather, when the re-employment is guaranteed, etc.). If a notice is given without the necessary consent, it is acc. § § 85 SGB IX in conjunction with § 134 BGB void.

but Until when can a seriously disabled workers rely on the special protection against dismissal?

According to § 4, sentence 1 Employment Protection Act, every worker who wants to defend against dismissal because they are ineffective socially unjustified or for other reasons, this claim in an action before the Labour Court . The action, he must, within 3 weeks of charge after receiving the written notice, the Federal Labour Court in its decision of 23.02.2010 -. 2 AZR 659/08 - reiterates that an employee in front of the employer within a reasonable period of 3 weeks after receipt of notice relied on already established or to establish whether requested Disabilities property must be (whether the employer prior to termination knew anything of the severely handicapped status of the employee, it comes not) to the special protection against dismissal of the § 85 SGB IX to obtain. Should the employee the appropriate notice, he has his right to invoke the special protection against dismissal forfeited. In the said decision, the BAG has been detected also, it is sufficient if the employee within the limitation period of § 4, sentence 1 Kündigungsschutzgesetz convene for the first time on the special protection against dismissal. Then it would not Verwirkungung. This application must be delivered to the employer and at that time, the notice period of 3 weeks compared to the employer already expired. But that is not according to the bag now crucial. It is sufficient to invoke in his time and possibly further action brought within the time limit written submissions to the Labour Court on the special protection against dismissal. Because the employer has to expect that the employee sets out in the application period, all invalid reasons including the lack of consent is part of the integration office. (Copyright ago)