Monday, February 28, 2011

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coffin during funeral damage - liability is
a coffin through the cemetery staff left wrong in a grave dug and the coffin was damaged thereby, can the heirs entitled to receive compensation (LG Osnabrück, comparison of 28.02.2011, Az: 5 O 2317/10).
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washing machines may be operated by rainwater
violation of operating a washing machine with rain water, either with laws and regulations (eg drinking water regulations nor against health reasons and can not therefore prohibited (Federal Administrative Court, decision of 01.24.2011, Az: 44.09 8 C).
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business - liability for outstanding social security contributions
If there is a transfer of business, shall not be liable for the new grower the contribution of the old debt holder, because there is no relevant Authorization or transitional basis to do (Bavarian LSG, Judgement of 28.01.2011, Az: L 5 848/10 R B ER)
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Operating Expenses - the beginning of the objection period
The receipt of a formal non-conforming utility bill the tenant turn period is 12 months (according to § 556 para 3 sentence 5 BGB) is not in motion. As a result, the tenant can collect even after the expiry of 12 months or objections to the utility billing (Excluding the defense of § 556 para 3 sentence 6 BGB does not therefore) and to consider these objections are (BGH, Judgement of 08.12.2010, Az: VIII ZR 27/10).
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Sunday, February 27, 2011

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break from the barbecue break - rump of Irish bulls

Yesssss .... we have finally done it again. What did? Well, fired up our grill, today the small handbag Grill Son of Hibachi (see also U.S. beef steak from the bag BBQ ) Unfortunately, it did not work the way it should, because the winter has the charcoal probably been hit a bit of moisture and more smoke as annealed.

We had a week ago, again a complete Roast beef bought in Selgros. This comes from the Irish bulls. More than half of the large piece stayed with my brother and my mother in law, for us a residual remained approximately 1400g.



I've broken down into 4 steaks, which have shown 2x300 and 2x400 aptly grams.



leaflets should also give it. Potato wedges for both of us, mushroom pan for Mark, cauliflower with sauce hollandaise for me. For the potato wedges

I cut 4 medium potatoes into slices. I had that pre-cooked 3 minutes in the microwave.



the cauliflower in salt water, I cooked al dente. I find nothing worse than soft-boiled vegetables.



The Hollandaise I first resolved 120g Butter (yes, this is no lightweight But there are indeed not too frequently) then 2:00 yolks with salt and lemon juice pitched and the hot clarified Butter slowly, initially beaten dropwise . ESGE controls!



The color is gross - is from Bioeiern egg yolks and the butter is from Kerrygold.



The wedges I've cooked in the pan. After I had just dried after Precooking, they go into the hot oil.



Seasoned I have them with salt and Gyros mixture of Jack the Ribber.



are also a few snippets of fresh oregano, which I had happened to be there.





For the mushroom pan, I'm just a pack of brown mushrooms and half an onion chopped and fried in butter until both are soft. Season with salt and pepper - that's it.



And while I werkel in the kitchen to have finished on time every side dishes, take care Mark is the barbecue. First, brush off the rust and burn times, which is always the first one.



Then come the steaks on the grill.



After turning, you can see that the coal was not fully fit. The branding has remained rather pale. I take time in advance, it still tasted good



And after suspension in a 100 ° oven for finally comes to the steak side dishes on the plate. Seasoned with salt and pepper, both fresh from the mill.



And the obligatory picture angle: the perfect cooking point for me. Soft Pink. And the meat was not very tender and juicy, but also taste really good.

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Internterecht http://www.ra-kotz.de 2011 - Questions and Answers

first Purchase contract with the Internet purchase - When is a contract?

a. If you order via a normal web site / web goods shop on the internet, we are of the order with only an offer to the operators of the website / online shop from (so-called "invitatio ad referendum"). This offer can accept or reject the operator or. If he declines the offer, no purchase contract.

b. In Internet auctions you are under the general terms and conditions of the operator from an offer that is accepted by time (maximum bid auction) or through immediate purchase from the seller. The seller has the obligation to the buyer the goods to sell at the auction price. Even in cases in which the seller in breach of contract cancels an auction, the winning bidder has a right to tell that the product is sold to him.

second Who bears the risk of loss of goods / products at sunset of shipment to the buyer?

a consumer buys from a seller of a movable object (= consumption goods), so the risk borne by the contractor, not the consumer that the goods arrive. If the goods are stolen or destroyed in transit, it must provide the contractor charged again. For sales contracts between consumers (eg, the Internet auction site eBay), the purchaser normally bears the risk of loss of goods. The seller has to prove only that he has dispatched the goods properly to the buyer (eg, detection of post-shipment).

third Withdrawal deadlines / return deadlines for Internet purchase: a. In a

Purchase agreement, the normal on a web / internet shop has been completed, the revocation / return with proper cancellation 14 days.

b. The revocation / return in Internet auctions (eg eBay) is also 14 days.

c. The cancellation or return policy does not lapse if the consumer has not been given due notice of this.

d. Widerrufs-/Rückgaberecht also applies to the purchase of used goods (eg cars) or if the goods are picked up in person to the seller. There is no withdrawal for unsealed disks, videos, new magazines, according to the goods Were manufactured to customer specifications or which are not suitable for return.

e. The goods will not be returned in its original packaging to the seller. The seller may require the buyer does not even want him in the event of cancellation of the contract, for example, the eBay fees incurred to be replaced.

4th Who pays in case of withdrawal / return of the shipment costs and the risk of loss of the goods?

The cost of the return (return costs), the consumer must bear if the delivered goods ordered and if the price of the returned goods a sum of 40,00 € exceeds or at a higher Price of the goods at the time of the revocation yet the return or a contractually agreed partial payment has been furnished by the consumer. In all other cases, who must indicate the return cost. The risk of loss (eg theft or destruction) of the product also helps the entrepreneur. In case of cancellation of a distance contract the Warenhinsendekosten (such as postage and packaging costs) are borne by the contractor.

5th Pay compensation for the revocation of any distance contract or upon exercise of the right of return:

revokes a consumer any distance contract or does not return a purchased commodity, he must pay compensation for a purpose by the Putting the matter to make resulting deterioration, if he is the latest on the contract in writing to the liability for compensation and an opportunity has been advised to avoid them. An obligation to pay compensation to the consumer does not exist when the impairment is only on the test (eg unpack and look) is due.

6th Purchased goods are not delivered by the seller or the buyer does not pay - what can you do?

a. If not delivered the goods purchased by the seller, the buyer should put this in writing a reasonable delivery time (7-10 days) and announce that upon lapse of time without withdraw from the contract. After lapse of time without the buyer can then withdraw from the purchase contract concluded. If the buyer has paid in advance, he should contact the seller a deadline for repayment of the purchase price. Of course, the buyer notifies the seller can also supply and / or sue for damages.

b. If the buyer pays the purchased goods do not demand that the seller in the same way towards this.

7th Defective goods - What rights does the buyer?

If the goods are already sending defective, the purchaser should withdraw the sales contract with a consumer goods or the Merchandise return. Moreover a consumer is in the purchase of new material, a warranty period of 24 months and 12 months for used items - from receipt of goods - to. The warranty can be excluded between two consumers only purchase contracts (eg sale via the Internet auction site eBay). Does the seller damaged goods for sale, he must describe the goods damage or defects in detail. "Forgets" the seller shortcomings, the service shall guarantee claims (subsequent performance, reduction, compensation) to. If the received goods are defective, the buyer must first set by the seller require "supplementary". The seller is unable to repair or replace the goods. In the context of subsequent shipping costs are borne by the seller. If the remedy fails, the buyer may withdraw from the contract or reduce the purchase price and also ask for damages.

8th Warning given for copyright infringement - What to do?

warnings for alleged copyright violations on the increase. Often you get a warning letter because it allegedly copyrighted works via an Internet exchange market (such as file sharing, etc.) should have been ready for retrieval. The warning letter usually contains a solicitation of an imitator, and to pay the request for damages allegedly incurred costs and attorney fees. On the resulting warning letter should respond in each case. The warning is entitled to levy a so-called "imitator". This claim arises when the alleged copyright infringement. Admonish sent by the imitator should not sign, however. In any case, you should - make a modified penalty clause statement - without acknowledging any legal obligation. If no or no sufficient penalty clause explanation given, the "admonish" a preliminary injunction against the "alleged copyright infringers" obtain. The cost risk for the Abgemahnt is very high. With regard to the defense of the required amounts of damages and attorney fees you should consult a lawyer in a particular case. Claims of Copyright Infringement expire within 3 years.

9th Subscription traps - Do you 'subscription fees, etc. "because of an alleged Internet completed contract to pay?

No! A binding contract that commits to purchase a premium service comes because of a hidden defect agreement is not concluded, if of visitors to a website was attracted and result only from the terms and conditions (AGB) shows that a fee contract is closed. A general or veiled reference to the commercial purpose of a website is not enough. Deceives a website operator to each visitor on the remuneration of its Internet site, this constitutes a fraud dar.
10th Bet infringement on the Internet - period of limitation:

One-competitive practices are limited to 6 months from inspection by the Abmahnberechtigten (with continuous violations this does not apply).
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termination letter - Access the afternoon in the mailbox

The letter of notice is an employee in his mailbox when the traffic is expected to view with the emptying of the mailbox that day still can. Reached the termination letter the letter box of the employee to a day, according to the practice of transport a withdrawal by the employee can not be expected, the notice is given no more that day. It is not necessary to look to the individual circumstances of the employee, but in the interest of legal certainty on the ability to view. A clock after 16.00 goes into the mailbox of the employee termination letter thrown in this until the next day to (National Labour Court Köln, Az: 4 Sa 721/10, Judgement of 09.17.2010). Unless it is rung at the door and send the employee's letter by a messenger himself.
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Saturday, February 26, 2011

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utility bill-objection period the tenant against settlement

The tenant must http://www.ra-kotz.de the landlord within 12 months from receipt a utility bill to tell that individual operating costs with respect to this lump sum agreed upon are not to be settled (BGH, Judgement of 12.01.2011, Az: VIII ZR 148/10).

The matching final deadlines for the settlement of the landlord (§ 556 para 3 sentence 3 BGB) and the objections of the tenant (§ 556 para 3 sentence 5 BGB) pursue the purpose that in a reasonable time after the billing period, a settlement is reached and given clarity on the changing-sided claims asserted. Their action will have peace in function would not be guaranteed if the deadline is still in dispute, would be possible if certain operating expenses recognized with respect to a lump sum agreed upon so far wrong have been.
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Incorrect heating bill - the calibration of measuring instruments
expired The presumption of correctness of a heating bill is only calibrated heating-measuring devices. To be read by a calibrated gauge fuel consumption no longer does this presumption does not apply. In this case, in a statement after the heating regulation, the accuracy of the readings are detected. This burden of proof applies only to the heating costs, especially for the heating bills between tenants and landlords (Higher Regional Court Munich, Order of: 13/01/2011, Az: 32 Wx 32/10). http://www.ra-kotz.de
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landlord denied access to the apartment - dismissal?
The landlord may terminate a housing lease without notice if the tenant him generally (eg in order to show these potential buyers) rode to the apartment denied (BGH, decision of: 05.10.2010, Az: VIII ZR 221/09).
According to § 543 para 1 sentence 1 BGB, a housing rental agreement for cause by either party to be terminated without notice. Good cause exists if the terminating party, taking into account all the circumstances of the case, especially the fault of the parties, and in consideration of mutual interests to continue the lease until the expiry of the notice period or until other termination of the lease can not be expected (§ 543 para 1 sentence 2 BGB). From § 543 para 3 sentence 1 BGB is clear that the important reason may lie in any breach of the lease, and therefore also in violation of the contractual obligation of the tenant, the landlord allow access to the apartment when dispose of the apartment and therefore wants to show prospective buyers.
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Vehicle Sales - Beware the promise of no accidents

Backs a vehicle accident Freedom to the seller of the vehicle sold, although because of the many owner can make on this is absolutely no indication that he is culpable if it turns out later that it was in the vehicle is a vehicle accident is (OLG Koblenz, decision of 04.10.2010, Az: 5 U 655/10).
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Friday, February 25, 2011

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Spaghetti Aglio e olio e peperoncino

fast food at its best. Is fast and taste, what more could you want.

Today it went really fast because I used spaghetti instead of the pasta finished producing it, I usually like to do in the Pasta Fresca my food processor.

following ingredients were used:

spaghetti, olive oil, plenty of garlic, a chili pepper (the last of its kind in my freezer), basil, parsley, salt and Parmesan.



the garlic cloves (about half a bulb), I'm in the food processor finely chopped and the chili pepper coarsely pitted (leave side walls, a bit may sharply already be in the side walls put the focus), then I they crushed with a knife.



of herbs I use normally only parsley, today I still get a nice pot of basil, as may also the half with the food. cook



While the noodles in salt water, I gently fry in lots of olive oil garlic and chilli. The garlic should not be black but at the light brown, or he is bitter.



In between rubbing my drum Raffel Parmigiano Reggiano in the not too fine rasps.



is now almost as much of the garlic.



I stir in the chopped herbs under and pull the pan from the heat. The "sauce" is ready.

When the spaghetti is too far (I like it a little firm to the bite), I pour it off and mix the spaghetti with the garlic oil.



Transfer to plates, sprinkle with Parmesan cheese and then can begin Spachtelei.

Thursday, February 24, 2011

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alcohol sales at service stations may night be limited

municipalities may, under the shop opening law provide that service stations must sell outside the general store opening times only alcohol to passengers in limited quantities (Federal Administrative Court, decision of 02.23.2011, Az: 8 C 50.09, 8 C 51.09 ).
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Warm lentil salad with baked mozzarella

Did I mention before, that lenses are one of my favorite vegetables? Of this I can get never enough. They are also really versatile. I constantly find new species. My absolute favorite varieties are beluga lentils, these small black lentils. You also have the advantage that they do not have to soak and still in half an hour cooked. The taste is very fine, while cooking they lose a little bit of their color and become dark brown.
should
These lenses are now giving a salad. I have about 350g cooked in unsalted water. Moreover, then added salt, pepper, balsamic vinegar, olive oil and some chopped spring onions on the salad. I will improve my serving with diced feta cheese, to Mark I prepare fried mozzarella.



I cut the mozzarella into thick slices and coat it completely classical. Flour, beaten egg, bread crumbs.



I do not like raw onions and not contractual, sweating I think of the green onions in a pan in olive oil very briefly. You do not need to be roasted brown, but just something sauté until soft.



The fried mozzarella slices are cooked slowly in a lot of butter. It is important that they are well covered by the batter, so the cheese melts like running even in the pan.



After Contact:



the lentil salad I taste with salt, pepper, vinegar and oil as well as some sugar, stir in the onions and then goes to the sideboards.



Mark was again very satisfied. Especially the mozzarella has him very well tasted.

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Parsley roots with Lauchrahm

following recipe I got from a colleague of my husband sent. It had long been in the pipeline, now finally I've made it even to prepare it. Thanks to Andreas has now expanded my standard recipe repertoire, for that is worth more to be eaten. Extremely tasty.

For the vegetables, the following ingredients (original amounts show off a little, I read at times, how I did it): 500g parsley root, were after peeling or 350g left, 1 small leek (120g), butter, salt, pepper and 1 tablespoon good fraîche cream. In addition, some parsley and seasoning to sprinkle a little cornstarch to thicken.



Mark likes to eat meat, I did it twice this week already plagued with vegetarian dishes, served gabs about it for meatballs. These consist of: 500g minced meat, 1 / 2 chopped onion, salt, pepper, paprika, 1 tablespoon mustard (Bautzen), 1 egg and 2 tablespoons bread crumbs.



the parsley roots, I peeled and cut into cubes, wash the leeks and cut into rings.



Then go. I fry the turnips in butter until they are lightly browned.



from the ingredients for the meatballs, I prepare the meat batter to, forming flat little patties and fry them in oil on both sides over low heat.



If the roots are well browned, the leek is this and is very short mitgebraten not want it to brown.



Then I clear off the vegetables with 1 cup water and let the vegetables cook for a few minutes, until the roots are tender.



The meatballs are now including those in the microwave and bake rye bread as a side dish.



The vegetables I bind off with 1 teaspoon cornstarch, stir in a tablespoon of creme fraiche and taste it with Salt and pepper. To serve, it is still sprinkled with parsley.



And my portion without meatballs