Courts in Germany
The legal situation
The informations allows everyone to find lawyers as well as German and
lawyers in germany. German lawyers (here called "Rechtsanwälte) have gained all necessary qualifications in
Germany and they are legally allowed to practice their legal profession. Those lawyers are given the title "RA",
which is an abbreviation of Rechtsanwalt = German lawyer.
More info about debt collection in Germany:
Due to the standardisation, all legal titles are internationally recognised across Germany. This legislation
allows every lawyer to practice his legal profession in Germany under his existing original titles. For this
reason no additional term has to be used. The
established lawyer practising in Hamburg
has the chance to acquire the German title under certain conditions. Under such conditions lawyers can entitle
themselves both "attorney" or "barrister".
The essence of a claim lies in the assertion that, in all the circumstances, the defendant has omitted to take
reasonable care to avoid the injury complained of. It might, therefore, be thought that
every claim in Germany
decided on its merits and that there would be no need of prior enquiry as to whether a 'duty of care' had arisen.
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This is true in most cases: there is not any such need. As has been remarked, for example, every driver is aware
that he must avoid collisions - and so is every court. The existence of a
duty in Germany
in that situation has long been
established: there is no need to establish its existence, and the sole issue is whether it has been broken. But
facts are infinitely various and novel situations arise which, as the
said, call for a determination
whether, in the circumstances, a duty was owed. It is then, and only then, that it has to be determined whether
there is, or is not, a 'duty'.
The prior determination of this issue has the merit that if it alone is
concentrated upon, and the decision is that it does not exist,
time and money
is saved because the need to call
evidence upon all the matters alleged to constitute the negligence in question is avoided.
Once, however, the existence of the debt is assumed or established, the question is 'Has it been paid' In all the
circumstances of the case
has the German debtor failed
to take such care as he ought to have taken to avoid causing
the injury of which the whole sum complains. It has been legally negligent, and negligence (carelessness) in its
legal sense means failure to take such reasonable care as a reasonable man placed in the position of the defendant
ought to have taken.
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