Anyone running a business usually requires external finance. Lenders, however, require collateral. The German legal system provides a strong framework for efficient and legally certain loans.
Whoever is registered in the land register as a mortgage does not have to worry about the borrower becoming insolvent. A registered mortgage can realise the property, taking priority over all other creditors. This protection has a binding effect on everyone.
With mortgage bonds (Pfandbriefe), the German jurisdiction has provided the banking sector with an internationally recognised and legally certain refinancing tool.
A Pfandbrief is a bond issued by a Pfandbrief bank. Its main feature is the fact that the investor does not have to rely on the credit rating of the issuing bank alone, but is – in the event of an insolvency of the issuing bank – also secured by a pool of cover assets (Deckungsmasse) of mortgages or public sector loans, which is reserved for the Pfandbrief holders.
In Germany, efficient financing solutions in trade and commerce are also created through flexible structures for chattel mortgages.
So it is for example possible to stipulate retention of title to a sold machine to protect its rights. As a result the seller of a sold machine remains the owner of the machine until payment of the last purchase price instalment is made and is therefore also protected in the event of insolvency of its customer.
A non-possessory lien by way of a chattel mortgage (Sicherungseigentum) and the retention of title secure the lender, even though the lender is not, or no longer, in possession of the chattel. In this regard, German law is considerably more flexible and efficient than other legal systems where a security interest can only be created if the secured party is in possession of the chattel.
Furthermore, German law permits the assignment of receivables by way of security.
Lawyer Hans-Oluf Meyer
Hans-Oluf Meyer (1969) is both Danish and German lawyer. He provides advice predominantly in German/Danish legal matters in areas of international contract law, international private law and litigation. In Danish law he basically focuses on contract law, company/commercial law and the tort law.
September 9th lawyer Hans-Oluf Meyer in collaboration with the Ministry of Foreign Affairs’ Trade Council and the Trade Department at the Danish Embassy in Berlin participated in a Masterclass Workshop at Food Nation at Axelborg in Copenhagen with a presentation on the legal challenges of export and establishment in Germany. Participants were Danish companies that market their food products in Germany and that want to increase their activities in the German market.
advokatfirma | meyer and Novasol tenants are confirmed by the Danish consumer ombudsman in Corona cases: Novasol cannot retroactively change terms of business. The newspaper The Nordschleswiger reports:
“If force majeure applies to Novasol, this must also apply to the consumer.” Attorney Meyer has complained about Novasol’s unilateral change of business terms in the midst of the pandemic. The newspaper Lübecker Nachrichten reports:
advokatfirma | meyer wins in third instance a decisive process for German road accident victims at the Danish Supreme Court, Højesteret. The case concerned the fundamental question of which law is applicable if a German car causes an accident on a business trip in Denmark and the employees want to bring claims against their employer.
Dänische Ferienhausvermittlungen und die Covid-19-Pandemielage
Artikel in “Der Nordschleswiger”: Enttäuschte Mieter gehen gegen Ferienhausanbieter vor
Ausgewählte Informationen zu aktuellen Entwicklungen im Recht der Kurzarbeit, im Arbeitsrecht, im Insolvenzrecht, im Mietrecht und im Zivilrecht zu Zeiten der Sars-Cov-2-Pandemie
The Danish founder and partner of the lawfirm Hans-Oluf Meyer has successfully transferred the Scandinavian way of team-work into our German law firm and we are therefore very glad to present a high standard concerning both our reachability towards our clients as well as our legal advice, as our cases are regularly surveyed by more than one lawyer.
TVS – Newscast:
15. juli 2012 19.30
Following the main news on July 15, 2012, Danish television showed a report with and about attorney Hans-Oluf Meyer and his law firm in Berlin (the program is in Danish):