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Copyright of Internationales Handelsrecht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Only a few physicians are willing to comprehensively concern themselves with how a legally watertight treatment documentation should be structured, in addition to their practical activities; however, the importance of the documentation cannot be emphasized enough, not only for a potential case of liability but also for the medical (further) treatment. This article therefore illustrates the legal foundations of the mandatory documentation and the most important questions associated with it for the practice, in particular on the content of the documentation, the timing of the documentation, the preservation of treatment documents and on the conduct in cases of an impending incident. [ABSTRACT FROM AUTHOR]

Copyright of Umsatzsteuer-Rundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article describes a case before the Supreme Court (OGH) in Austria, which deals with the proof of causality between omission and health damage. It is stated that the victim generally bears the burden of proof for the connection between the perpetrator's behavior and the damage. Even if the victim can prove that a certain form of treatment would have been possible, he must also prove that it would actually have been carried out. It is emphasized that in the case of damage caused by omission, the question of lawful alternative behavior is not relevant. The article also contains information about the specific case, in which a woman was not brought to the hospital in time due to a stroke and is now demanding compensation for pain and liability for future damages. The plaintiff was not immediately taken to the hospital after a stroke, which led to delayed treatment and permanent damage. The defendant denies any misconduct by their employees and claims that the plaintiff would have suffered the same damage even with immediate admission. The court ruled that the defendant is liable for the damage and must pay the plaintiff compensation of 50,000 EUR. The defendant filed an extraordinary appeal, which is still pending. In the present case, the question was whether the health impairments of a plaintiff after a stroke were attributable to the omission of admission to the hospital by paramedics. The Supreme Court found that the plaintiff had to prove the causal connection between the omission and the occurrence of damage. Although the possibility of thrombolysis treatment existed, the plaintiff could not prove that it had actually been carried out. Therefore, the claim was dismissed. It was also determined that the question of evidentiary relief in connection with the liability of paramedics was not relevant in this case. The Supreme Court (OGH) confirmed its long-standing line of jurisprudence and deviated from the standard burden of proof of the Civil Procedure Code (ZPO). In cases where the proof of a fictional sequence of events is difficult to provide, a reduced burden of proof applies. The OGH decided that the plaintiff had failed to prove the causal connection. Although therapy would have been theoretically possible, the plaintiff could not prove that it had actually been applied. The OGH does not require the defendant to provide evidence of lawful alternative behavior, as omission cannot be causally linked to the damage. [Extracted from the article]

Copyright of Computer und Recht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article deals with the deadline compliance according to § 111 SGB X and the determination of the party liable for reimbursement. It is stated that ongoing investigations by the service provider do not interrupt the one-year exclusion period according to § 111 SGB X. It also addresses the requirements of a public-law management without a contract and a public-law claim for reimbursement. The court's decision states that the plaintiff's appeal was not successful because the one-year exclusion period was not observed. The claim for reimbursement must be directed to the party liable for reimbursement. The decision of the Higher Social Court of North Rhine-Westphalia concerns the question of whether the Medical Service (MD) was allowed to convert its examination from an on-site procedure to a written procedure outside the six-week deadline. The court decided that this was permissible and that the hospital was obliged to submit further evidence within the framework of the examination procedure. It was also determined that the hospital had sued for the wrong claim and had no entitlement to payment of the remaining treatment costs. [Extracted from the article]

Copyright of Europarecht (05312485) is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Antike und Abendland is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Unternehmung: Swiss Journal of Business Research & Practice is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Computer und Recht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Christian theologians were involved in anti-Jewish arguments almost since the 'parting of the ways' of the two religions. In late antiquity and the early middle ages, anti-Jewish arguments were based almost exclusively on Biblical quotations, which were adduced as evidence meant to substantiate the Christian interpretation of scripture. It was only in the scholastic period that new forms of evidence were included in the traditional argument Adversus Iudaeos, which were derived from the recourse to reason. The Jewish figures presented by Christian authors within their writings are constructed entirely according to Christian assumptions and prejudices; only rarely do we get any real Jewish voices representing points of view close to any kind of Jewish reality. This only changed when growing numbers of Jews converted to Christianity in the high middle ages; Jewish converts drew the attention of Christian authorities to rabbinic literature. At first, the Talmud was targeted as a sinister text allegedly undermining theological truth, but later it was appropriated by Christian propagandists, who tried to base their anti-Jewish arguments on the post-biblical canon of Rabbinic Judaism. The article analyses the gradual expansion of anti-Jewish evidence; in particular, it highlights turning points when anti-Jewish strategies tried to include new methods and media to substantiate the credibility of Christian claims to monopolise religious truth. The Jewish side reacted against such attempts by reinterpreting and rewriting the history of anti-Christian Jewish arguments, notably on the occasion of the Paris Talmud trial. The redirection of Christian-Jewish arguments in the high middle ages provides ample evidence for the study of contesting truths, the substantiation and subversion of validity claims, as well as the rewriting of history in order to further political aims. [ABSTRACT FROM AUTHOR]

The article presents the discussion on VAT placing of import of a vehicle registered in a third country and bringing into the European Union in violation of customs regulations is located in the Member State.

Copyright of Internationales Handelsrecht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Das Achtzehnte Jahrhundert is the property of Wallstein Verlag and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on laws governing the proof of causality in permanent brain damage in Germany. It mentions patient's typical lack of evidence there are no fundamental objections to resorting to prima facie evidence of the causality of the medical malpractice, and according to which the proven breach of duty already suggests a causal connection to the specific damage result in the sense of a typical course of events with at least an overwhelming probability.

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of the article is to clarify the use of charters in the high middle ages, not according to their production but with reference to the formulae and the practical statements listed in them. Most of the named examples derive from Austria and Slovenia. Charters are often confirmed, but there is only little evidence of their use as a proof in court. The issuers were often afraid, their legal successors wouldn't recognise their legal acts. Confirmations assured their permanence and the persistence of witnesses. The general knowledge of the legal act protected it somehow, but malicious infringers couldn't be turned away otherwise than through witnesses. The charters were mere reminders of the legal act itself and not a kind of protection. Witnesses obtained their knowledge about legal acts more often from legal charters than indicated by the historical tradition. [ABSTRACT FROM AUTHOR]

In recent years, traditiones were often characterised as "party-neutral authentications" with legal power. But there are arguments against this view, since noblemen tended to register legal acts only occasionally within monastic traditiones. Apparently, they didn't assign them any official credibility. There is also no proof that traditiones were recognised as legal evidence in court. More likely, they were considered as memory aid in oral contracts, even when the notoriousness could guarantee the legal continuity in excess of the witnesses proof. [ABSTRACT FROM AUTHOR]

Copyright of FinanzRundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Summary: In our study area near Lingen (52.27 N, 7.15 E), NW Germany polygyny among the Pied Flycatcher came to light through participation of males in feeding at 2 or 3 nestboxes (bigyny or trigyny). In the present paper we report a first time proof of paternity via DNA fingerprinting with the offspring of a trigynist. It could be evidenced that one male was the genetic father of all nestlings in all three broods. [ABSTRACT FROM AUTHOR]

Copyright of Historische Zeitschrift is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article offers information on the release of revised arbitration rules by the German-Swiss Chamber of Commerce, head quartered in Zurich, Switzerland, which would be effective from July 1, 2012. It is mentioned that the reform has enhanced the efficiency of the procedures followed, and introduced the fast track procedure for resolution of arbitration. Also, the common law system is not followed and the arbitrator is allowed to question the witnesses.

After accidents psychological consequences are often asserted. This may be due to the traumatic experience itself, the experience of severe physical injury or to the experience of a traumatic hospital treatment. The pivotal point of the medicolegal assessment is the evidence of primary mental or physical damage that has to be documented beyond a reasonable doubt in all areas of law. A medicolegal assessment in five steps is proposed. [ABSTRACT FROM AUTHOR]

Copyright of Archiv für Kriminologie is the property of Schmidt-Roemhild Verlag and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the findings of research into a decades long legal dispute between two medieval dominions disputing boundaries and ownership of five villages in the Po Valley, in northern Italy. The judicial "duel" was in part investigated through "trial" by testimony of witnesses to establish the geographic boundaries. This sort of ordeal came to replace trials by combat or those involving the application of glowing iron or hot or cold water. The evolution of trials by ordeal and of the ordeals themselves are discussed as beginning in the context of the Hohenstaufen dynasty.

The article discusses the court case BGH, ruling of 26.3.1997-IVZR 91/96, NJW 1997, 1988). (all official) BGH, ruling v. 12/12/2019 - III ZR 198/18 (OLG Braunschweig 9 U 2/18) wherein problem of evidence in medical liability disputes is questioned. It reports on defendant medical or nursing facility, judicial assessment and presentation of witness.

The article reports on the Council of the European Union (EU)'s regulation on cross-border access to electronic evidence. The EU has adopted a common position on a future regulation for cross-border judicial security and surrender orders against service providers in electronic communications. It informs that the EU's position serves as the basis for the now starting negotiations with the European Parliament.

The article discusses Germany Bundesfinanzhof court case dealing with real estate valuation tax. The court held that the proof of a lower common value according to section 198 Bewertungsetz by submitting an expert opinion can only be provided by an expert opinion that the locally responsible expert committee or a publicly appointed and sworn expert for has created the valuation of properties.

The article discusses the court case Higher Regional Court Karlsruhe, decision of October 24, 2018-13W94/18 (LG Freiburg-11 OH 15/16) wherein claim for independent evidence procedure outside of a dispute in order to obtain a expert opinion in a physician liability dispute is questioned. It reports on the need for legal protection for the independent evidence process, disputed proceedings and medical assessment by medical associations.

The article discusses a civil case before the Bundesgerichtshof (Federal Court of Justice, BGH) of Germany, decided on July 12, 2012, which revolved around third-party interventions and notices. The court considered the relevant provisions of the German Zivilprozessordnung (Code of Civil Procedure, ZPO), particularly the question whether the third party can only be admitted to evidentiary proceedings if their application is introduced by a lawyer.