751-Sabar Institute Of Management, Tajpur - Gujarat Technological ...

until he or she has been separated for one year, or for three years if the divorce is contested.
Annulments are very rare. The differences between German and American laws are particularly
obvious when it comes to contracts. In the US it is common, and usually necessary, to spell out
everything in a contract. The rule in German law, on the other hand, is: "a short contract is a
good contract." (For example the main issues in rental agreements and leases are codified in a
law dealing with landlord-tenant relations. There may be nothing in the lease dealing with notice
periods, renovations required or actions in the event of non-payment of rent, but these things are
still covered because of the law.) An agreement to rent an apartment or house for a fixed term
cannot be terminated early except under extraordinary circumstances. A job transfer is usually
not an extraordinary circumstance. It's advisable for expatriates to have a German attorney lead
them through this maze.
It is a criminal offense in Germany to show disrespect for the colors, flag, coat of arms or
national anthem of the country or any of its states; or to remove, damage or disfigure any
publicly displayed national flag or symbol. Insulting an individual can also be a criminal offense,
particularly if the individual is an official, such as a policeman or judge, acting under his legal
authority. The first phase of a German criminal prosecution is pre-trial investigation to determine
if there are grounds for a formal indictment. If a prosecutor determines that there is, the case is
transferred to the appropriate German court, where the presiding judge decides if the evidence
warrants a trial. This contrasts markedly from the US, where a judge will have little or no
knowledge of the facts of a case until evidence has been introduced in the courtroom.
German law requires a prompt and speedy trial, though at least one week must pass between the
time of the official notification of the charges and the date of the trial. The defense counsel may
make a postponement motion, for example, if more time is needed to prepare the case. The trial
will be open to the public unless this is specifically excluded because of public order, public
morals or national security. Also, the public is automatically excluded if the accused is a minor.
There is no such thing as a jury trial in Germany, though court procedures are otherwise similar
to those in the US. Under German law the accused is presumed innocent until proven guilty. In
minor cases there may be only a single judge presiding. Or, if the charges are severe and the
accused faces heavy penalties, there may be five persons hearing the case; three professional
judges and two lay judges.
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