Civil law governs everyday legal relationships between private individuals and businesses: purchases, work and services, loans, damages. Our law firm in Berlin-Charlottenburg represents clients throughout Germany – out of court and before the civil courts, even when the other party is based abroad. We work in German, Russian, Ukrainian and English.
Contracts, purchases and warranty
Many disputes arise because a contract is unclear or a service is defective. We review contracts before you sign and enforce your rights in the event of defects.
- Purchase and work contracts, loans and services
- Rights in case of defects: subsequent performance, withdrawal, price reduction, damages (§§ 437, 634 BGB)
- Rescission for mistake or fraudulent misrepresentation (§§ 119, 123 BGB)
- General terms and conditions (§§ 305 ff. BGB)
Consumer law and online trade
Consumers have special rights when shopping online and with travel, mobile phone or repair contracts. We help enforce them against retailers and providers.
- Right of withdrawal for distance contracts (§§ 312g, 355 BGB)
- Warranty in consumer sales (§§ 474 ff. BGB)
- Fraud in online purchases: civil recovery of your money, coordinated with a criminal complaint under criminal law
- Disputes with tour operators, mobile phone providers and repair shops
Enforcing claims
Anyone who is owed money must act before the claim becomes time-barred – as a rule after three years (§ 195 BGB). We send reminders, apply for court payment orders and enforce judgments.
- Reminders, default and default interest (§§ 286, 288 BGB)
- Court payment order procedure (§§ 688 ff. ZPO)
- Enforcement and the debtor's statement of assets
- Filing claims when the debtor is insolvent
Damages and liability
Whoever causes damage must compensate for it – under a contract (§ 280 BGB) or in tort (§ 823 BGB). We quantify your loss and fend off unjustified claims.
- Damages for breach of contract
- Damages for pain and suffering in case of bodily injury (§ 253 BGB)
- Liability of animal keepers, for example after a dog bite (§ 833 BGB)
- Product liability
Representation in court
Depending on the amount in dispute, the Local Court or the Regional Court has jurisdiction; before the Regional Court, representation by a lawyer is mandatory (§ 78 ZPO). We conduct the proceedings from the statement of claim to enforcement and use every chance of a settlement.
- Statement of claim and defence, preservation of evidence
- Settlement negotiations and out-of-court dispute resolution
- Appeals
- Contracts and claims with a cross-border element, enforcement abroad
How we work
- Initial consultation: we review the contract, correspondence and receipts and name running deadlines.
- Strategy: you learn about your chances, risks and the cost risk of a lawsuit.
- Representation: we send a demand to the other side, negotiate and go to court if necessary.
We agree on the format and fee with you before we start; legal expenses insurance often covers the costs.
Selected cases from our practice
Every case is different; past results are no guarantee of the outcome of your case.
- Debt collection and recovery of outstanding payments
- The court payment order procedure
- A loan against an IOU: a claim against a private individual
- Unjustified demands from a debt-collection agency
- When your business partner goes bankrupt
- A costly renovation: claims for defects
- Cheated when ordering from an online shop
- Goods bought on eBay that do not match the description
- Attacked by a dog: the keeper's liability
- When the other party is based abroad
All articles in this section
A complete list of guides and cases from our practice in this area of law.
- Debt Collection and Recovery in Germany
- What to Do If You're a Victim of Fraud
- Commercial Disputes Under International Contracts
- Insolvent Debtor in Germany
- Debt Recovery From an Individual via Promissory Note
- A Supply Contract on Unequal Terms in Germany
- Debt Recovery in Germany: A Real Case (Part 1)
- Debt Recovery in Germany: A Real Case (Part 2)
- How to Legally Recover a Debt From a Friend
- A Costly Renovation: Pecuniary Claims in Germany
- Unjustified Pecuniary Claims in Germany
- The Rescue of an Unlucky Tourist
- Dog Attack in Germany: Who Is Liable?
- Roaming Bill Dispute in Germany
- Mahnverfahren: Simplified Proceedings in Germany
- Road Accident in Germany: Compensation
- Bitten by a Dog During an Apartment Viewing
- Joking With Police in Germany: the Consequences
- Pet Owner's Liability in Germany
- Business Dispute Between Relative Co-Owners
- Pre-Trial Settlement of a Hotel Dispute
- Protecting Your Rights After an eBay Scam
- Dispute With a Language School in Germany
- Urgent Help in a Cross-Border Dispute
- Not Everything Written on Paper Counts as a Contract
- Recovering Your Money When a Business Partner Goes Bankrupt
- Cheated When Ordering Online in Germany: Your Legal Options
- A Small Mistake Can Cause Big Trouble
- The Customer Is Always Right, They Say — But Every Rule Has Its Exceptions
- Online Contracts in Germany: When Is the Contract Concluded?
- What to Do When a Designer Demands Payment for Defective Work
- Commercial and Civil Disputes in Germany: Cases From Our Practice
Frequently Asked Questions
When does my claim become time-barred?
As a rule, after three years. The period starts at the end of the year in which the claim arose and you became aware of the claim and the debtor (§§ 195, 199 BGB).
What should I do if I receive a court payment order (Mahnbescheid)?
Check it immediately. You can object within two weeks of service; otherwise an enforceable writ of execution (Vollstreckungsbescheid) may follow.
How long do warranty rights last when I buy something?
For new goods, two years from delivery (§ 438 BGB). For used goods, a business may shorten the period to one year in relation to consumers.
Can I cancel an online purchase?
If you buy online from a business as a consumer, you can usually withdraw within 14 days without giving reasons (§§ 312g, 355 BGB). This does not apply to purchases from private individuals.
Who bears the costs of a civil lawsuit?
In principle, the losing party, including the other side's legal fees (§ 91 ZPO). People with a low income can apply for legal aid (Prozesskostenhilfe).
Do I need a lawyer to file a lawsuit?
Before the Regional Court (Landgericht), yes – representation by a lawyer is mandatory there (§ 78 ZPO). Before the Local Court (Amtsgericht), a lawyer is not required, but advisable because of deadlines and rules of evidence.
How much does the initial consultation cost?
It depends on the nature and scope of your matter – from a short free assessment to a full initial consultation. Fees are agreed individually: every case is discussed personally with the lawyer, and we always tell you the cost before the consultation begins. We do not give general legal information without reviewing your specific case. If you then instruct us in the same matter, the fee for the initial consultation is credited against the further fees (§ 34(2) RVG).