Our Legal Services
The law firm Sven Wittke is a guarantee both for a successful out-of-court settlement of disputes and, if necessary, for competent and assertive legal assistance in court.
There are many different questions that have varying answers depending on the area of law and specific case. Therefore, it is advisable to consult the law firm Sven Wittke for legal questions and problems. We help you assert your rights, minimize legal risks, and find a tailored solution to your problem.
Freedom of contract applies in Germany, that means everyone can actually freely choose both the content of the contract and the contractual partner, but only insofar as no mandatory legal regulations, legal prohibitions or common decency are violated. In Germany there are many different types of contract (purchase contract, rental contract, contract of manufacture, employment contract,…) and each has special legal regulations. These regulations are often not applied correctly or even ignored by the users, because they do not find these regulations to be advantageous, so legal problems easily arise. In Germany, the law protects consumers and tenants from being cheated, that means the laws are very consumer- and tenant-friendly. In most cases errors can be found in the contract. We help you to find these errors so that you are not disadvantaged and get your rights.
Problems and ambiguities usually arise when concluding or terminating a contract. It is always best to have a consultation and check before signing a contract, so that there are no problems later. In retrospect, when everything is signed and the contract is final, it is always more difficult, but not impossible, to find a solution.
In contract law, there are many questions that arise from the design and performance of contracts:
- How is a contract effectively formed and what formal requirements must be met?
- What are the obligations of the contracting parties and what are the consequences of contract breaches?
- How can a contract be modified or terminated and what are the applicable deadlines?
- What are the consequences of contract breaches, such as delays in delivery or payment defaults?
- What warranty rights do I have as a contracting party if a service is defective?
- What is a claim for damages and under what conditions does such a claim exist?
- What is the relationship between general terms and conditions (AGB) and individual contract provisions?
- Do you need to have your dealership agreement or another contract reviewed?
A wrong click, a quick signature without reading the small print carefully – the problems that can arise from these situations are diverse and often serious.
You have ordered a product or a work, but you are not satisfied with what has been delivered or there are defects? As a consumer, you also have rights.
There are many types of contracts in Germany, and therefore, many different problems that can be solved. We advise you and find a tailored solution with you.
Real Estate Law
Buying an apartment or house is a big investment, so a thorough review of the purchase contract and the associated documents such as the land register or the declaration of division is essential. Contracts are often incomprehensible to normal people and full of legal terminology. We will help you to understand the contracts and check for you whether the contract disadvantages you or contains clauses that are unfavorable to you. We will also show you the risks.
In real estate law, there are many questions that arise during the purchase, sale, rental or management of real estate:
- What is involved in the purchase or sale of real estate and what formal requirements and deadlines need to be observed?
- Which clauses in the purchase agreement protect me and which ones disadvantage me?
- What are the legal regulations for renting a property, especially with regard to rental contracts, rent control, terminations, and repairs?
- What claims do tenants and landlords have in case of defects in the property and how can these be enforced?
- What regulations apply to the financing of real estate, especially with regard to taking out loans and creating mortgages?
- How can disputes between tenants and landlords, neighbors, or owners within a condominium association be resolved without going to court?
- What are the special features of the management of condominiums or apartment buildings, especially with regard to the owners’ meeting, the house rules or the formation of reserves?
- How can land and real estate be used and developed optimally, e.g. through development plans or building permits?
Tenancy law is the legal area that deals with the relationships between landlords and tenants. It regulates the rights and obligations of both parties in relation to the rental of residential or commercial premises, in particular the conclusion and content of tenancy agreements, rent payments, rent increase procedures, security deposits, cosmetic repairs, modernization, the right to reduce rent and termination of tenancy agreements. Tenancy law is regulated in the German Civil Code (BGB).
Common questions and issues in tenancy law include:
- What is the maximum rent and what deadlines apply for a rent increase?
- What are the rights and obligations of the landlord and the tenant in the tenancy agreement?
- How much can the security deposit be and what conditions must be met to get it back?
- What are the reasons for a rent reduction and how much can it be?
- How can a tenancy agreement be terminated and what notice periods must be observed?
- What can I do if my landlord/tenant does not accept my termination?
- How can defects in the rental property be remedied and who is responsible for them?
- Who has to carry out cosmetic repairs?
A major point of disputes is always the refund of the security deposit, which the landlord unjustifiably withholds. There are often inadmissible clauses in the tenancy agreement, as the agreement is simply copied from the internet by the landlord without checking it for correctness beforehand. Tenancy law in Germany is very tenant-friendly – you have more rights than you think and we help you to enforce your rights.
Employment law is a field of law that deals with the relationships between employers and employees. It regulates the rights and obligations of both parties in relation to employment, including working conditions, and covers various aspects such as unjustified dismissal, employer/employee obligations, employment contracts, workplace safety, working hours, vacation entitlement, wages and salaries, job security, severance pay, and termination of employment. Employment law is governed by the German Labour Code (ArbG).
In employment law, there are many issues that affect employees and can lead to disputes in the field of employment law. Some of the most common questions in employment law include:
- What are my rights and obligations as an employee?
- What are my vacation entitlements and what deadlines apply to vacation planning?
- What types of employment contracts are there and what special features should be considered?
- What is my entitlement to wages or salaries and what deadlines apply to payment of wages?
- What can I do in case of termination and what deadlines should be observed?
- What severance pay am I entitled to in case of termination?
- What rights do I have in cases of discrimination, bullying or sexual harassment in the workplace?
- How can I get my employer to fulfill their obligations?
Inheritance law is an area of law that deals with the distribution of a deceased person’s estate. It governs the rights and obligations of heirs and executors, as well as the administration and distribution of inheritances and estates. In Germany, inheritance law is regulated in the fifth book of the Civil Code (BGB).
Inheritance law includes various aspects such as testamentary design, inheritance succession, compulsory shares, management and distribution of the estate, and the enforcement of claims against other heirs or third parties.
The interpretation and validity of wills often lead to disputes among heirs.
Inheritance law raises many other questions that arise in the regulation of a deceased person’s estate, such as:
- How is a will drafted and what formalities must be observed?
- Am I heir and how much do I inherit?
- Can I disinherit someone?
- What happens if the deceased did not leave a will?
- How is the estate distributed among the heirs and what rules apply?
- How can an heir renounce the estate and what deadlines apply?
- What claims do those entitled to a compulsory share have and under what conditions can they be enforced?
- What is the difference between a will and an inheritance contract?
- What role do executors play and what are their duties?
There are many questions in travel law that arise from the organization and execution of trips:
- What rights does the traveler have in the event of a flight delay or cancellation, and what claims can be made?
- What about the reimbursement of travel expenses or compensation for travel defects?
- What legal provisions apply to package tours and what are the obligations of the tour operator?
- What claims can the traveler assert in case of defects in accommodations or other services?
- What happens in case of travel interruption or cancellation, and what are the traveler’s rights in this case?
- What regulations apply when booking travel services through online platforms?
- What regulations should be followed when taking pets abroad?
- How can you protect yourself against unexpected events such as natural disasters or political unrest in the travel destination?
- What are the special features when entering certain countries, e.g. with regard to visas or vaccinations?
Law on Contracts for Work and Service
There are various questions in the law on contracts for work and services, which arise in particular in the planning and implementation of construction projects or other complex services, e.g. craftsmen:
- What obligations does the contractor have and what responsibility does he bear when planning and implementing a work contract?
- How can the customer claim defects in the service provided, and what rights does he have in this case?
- What about the acceptance of work and what are the consequences of successful acceptance for the legal relationship between the parties?
- Which regulations apply to the termination of a work contract and which claims can be asserted?
- How can the contractor protect himself against unforeseen events such as weather influences or material shortages?
- What are the implications of changes to the work performance and how should they be agreed?
- What about the liability of the contractor in the event of damage to third parties, and which insurance policies make sense here?
Questions and problems that arise in sales law:
- What rights and obligations do buyers and sellers have in a sales contract?
- What should be done if the goods are defective or do not meet the expected specifications?
- How can the buyer proceed in case of a delivery delay?
- What regulations apply to revocation or returns?
- How can risks and hazards be secured during transport or delivery?
- What should be considered in the case of a contractual penalty?
- How can payment delays or defaults be avoided or enforced?
- What are the consequences of using different general terms and conditions by the contracting parties?
- What provisions apply in cross-border sales contracts, especially with regard to contractual and liability issues?