In labour law, Ursula Thoenemann advises employees, employers and staff/works councils both in and out of court in all issues of individual and collective rights.
She specialises in:
- Warnings, dismissals (for business reasons, person-influenced/related termination, for behavioural reasons and extraordinary termination), conduct of negotiations of severance/compensation payments, representation in legal procedures of protection against unlawful dismissal
- The assertion and legal pursuit of wage and salary claims, such as royalties, profit percentages where due, gratuities (holiday pay and Christmas bonus), and other bonuses
- Advice and representation concerning holidays (vacations), maternity legislation, parenting leave, discrimination of disabled (severely handicapped persons)
- Drafting, checking and revising of employment references and interim reports
- Classification and redeployment
- Advice and representation of staff/works councils
Furthermore, Frau Thoenemann draws up, revises and checks all kinds of contracts, in particular:
- Contracts of employment or service (time-limited and unlimited), part-time employment contracts, employment contracts for minor services)
- Annulment (termination agreements) and winding-up agreements
- Business manager service contracts
Real estate law
One focus of our daily practice is real estate law. This, in principle, covers everything that pertains to land and buildings, such as the sale and purchase of residential buildings or apartments, or a commercial site. This also includes the division of a residential building into apartment ownership, or the subdivision and rearrangements of land plots likewise belong to the field of real estate law. In addition, the creation and sale of heritable building rights or the encumbrance of land with mortgages and land charges, rights of way, rights of residence and rights of use.
We have extensive expertise in the field of private construction law and architects law. Main emphasis is on:
Advice accompanying the implementation of construction projects. Advice on, and drafting of construction contracts (VOB (German Construction Contract Procedures) and BGB) (German Civil Law)) for private building owners and commercial construction companies (principal and agent)
Management of contracts and amendments Assertion of complaints of defects and corresponding claims in connection with building projects, interruptions of the construction schedule of any kind, Construction litigation in state and private arbitration courts (tribunals) Asserting or defending of remuneration claims by principals or subcontractors Liability questions and settlement of compensation claims; assertion or defending of claims for damages in connection with architects’ contracts.
Landlord and tenant law
In the law governing the relationship of landlord and tenant, we offer small and medium-sized enterprises (so-called SMEs) as well as residential construction companies, comprehensive advice on commercial tenancy law – from commencement right to termination of a tenancy, or disputes between tenants and landlords. Disputes can often be avoided by qualified legal advice, even in advance of the potential dispute.
Our work particularly covers the following fields:
- Implementation of terminations, or defending prospective terminations (like those that arise through rental arrears, or the owner’s own need to repossess the property) The implementation or defending of claims concerning the remedy of defects (e.g. mould or mildew), rent reduction, security deposit
- Advice in questions of the calculation of operating expenses (ancillary charges), procedure for the transfer of apartments, internal decorative repairs
- Advice on the wording of lease contracts for commercial premises and residential spaces.
In the field of owner-occupied apartments, we offer our services to property managements and owners in all questions relating to residential ownership.
We focus on:
- Advice for property management and apartment owners in convening and implementing owners’ meetings and wording resolutions, as well as the implementation of claims and counterclaims
- Contesting and warding off contests relating to resolutions passed at owners’ meetings
- Advice in questions of rent allowance, demarcation of joint ownership and individual freehold ownership
- Maintenance, reinstatement and rights of separate use Formulation and examination of shared-ownership deed (deed of partition), joint-ownership regulations and also property-manager contracts
A major field of our practice is inheritance law. We advise in questions of wills, formulate and structure wills and contracts of inheritance, and supports client in the most diverse legal questions, as soon as issues of inheritance arise. For example, we file for certificates of inheritance and mediate in disputes.
Even though the importance of these subjects is generally underestimated – succession by inheritance should not be left to chance but be given attention at an early stage, otherwise statutory inheritance will apply leading to undesired consequences. If, for example, the deceased spouse has children, then the surviving spouse can only dispose of the joint assets with their consent or agreement. If the children are still minors, the approval of the family court is also needed. If, on the other hand, the spouses are childless, then not only the surviving spouse but also the parents of the testator, or the spouse’s siblings, might inherit.
In order to avoid unpleasant surprises, legal succession should be carefully planned in good time. In inheritance law, there are several possibilities to arrange for this and we can advise you in these matters with expert knowledge.
The preparation, notarisation and implementation of the most varied commercial law matters is likewise our concern.
If you establish, sell or transfer a company, we help in handling this legally. We assist you, for example, in conducting shareholder meetings of the GmbH (private limited company), to record the minutes of general meetings of shareholders of the AG (public limited company) and to notarise the transformation of the legal form of companies.
In particular, in all company law matters, our clients benefit from our many years of experience with the Registers.
In the field of matrimonial law and family law, we are highly competent advisors. Whether it concerns marriage contracts or common-law associations (life-partnership), agreeing on the legal consequences of a divorce or implementation of an adoption – in view of the far-reaching consequences of the declarations involved, observing the notarial form is required and makes good sense.
Our services in traffic law:
- Representation in proceedings for claims for damages against the insurer of the party which caused the accident
- The out-of-court enforcement of your claims for damages after an accident
- Representation in criminal proceedings in motoring cases and administrative fines
- Advice in cases which could lead to prohibition of driving or the withdrawal of the driving licence