3 ms·

Sorry who would be laughed out of the room and for what? It wasnt clear to me from what you wrote Also I found it interesting that Germans perceive the US as o

Sorry who would be laughed out of the room and for what? It wasnt clear to me from what you wrote Also I found it interesting that Germans perceive the US as overly litigious but I found an article that said Germany has more lawsuits (per capita? In absolute totals?), funny how perception takes a long time to catch up to various forms of reality

jack9 8y ago
> I found an article that said Germany has more lawsuits https://www.clements.com/sites/default/files/resources/The-Most-Litigious-Countries-in-the-World.pdf https://www.clements.com/sites/default/files/resources/The-M... was it this one?
- yread 8y ago
  That original source is 20 years old. This is more recent paper https://ideas.repec.org/p/iuk/wpaper/2010-18.html https://ideas.repec.org/p/iuk/wpaper/2010-18.html which curiously says that US has 5806 lawsuits per 100k people compared to 3681 in the UK (second highest) and immediately adds that it's not special
kevin_thibedeau 8y ago
German law allows predatory lawyers to file lawsuits on behalf of another party without their involvement. That level of BS thankfully doesn't happen in the US.
- ascar 8y ago
  You are probably referring to https://en.m.wikipedia.org/wiki/Abmahnung https://en.m.wikipedia.org/wiki/Abmahnung which only affects a small part of civil law, but granted it has some nasty consequences.
- zaarn 8y ago
  Abmahnung is not a proper lawsuit, it's a mostly legal way to get parties to agree in case of a legal dispute without having to actually involve a court. You can ask to be reimbursed for incurred costs for up to 1000€. The current government is working no reducing the abuse of this legal mechanism. Sending one of these requires you also to clearly show how the recipient infringed on your rights or a law that affects you or your business in a negative way and lay out the costs you want reimbursed for sending the letter (up to 1000€). If you're wrong about it you'll have to pay all and any attorney fees of the other party. If someone refuses to pay or sign the Abmahnung you have to go to court, in which case you'll need agreement from the party you're representing. To file an actual lawsuit you still need to be wronged or damaged by the actions of another party, you can't just sue in the name of someone else without them agreeing to it. This is also limited to civil law, criminal law is handled by the state prosecutor via the police, not you yourself.
  - gammateam 8y ago
    Very informative, sounds like a litigious society I’ll take “Semantical distinctions I dont have to care about” for $200, Alex
    - zaarn 8y ago
      I take semantical distinctions that are very important because those are important in the law because law isn't made by people that don't care about it for 300$.
    - marcosdumay 8y ago
      - If you are found wrong, you have to pay the defending party legal costs; - If the defending party ever decides to fight and you don't have the approval of the wronged party, you can't even defend yourself (read the point above again); - It's only for small values, and there is no upwards negotiation (you must lay the costs down at the letter). That's the government not requiring a judicial process for small values, while keeping all the rights of the defending party (I wish my country had something like that). You may not care about the difference, but that only speaks about you, because there's a huge difference there.
ascar 8y ago
I guess the perception comes from the kind of lawsuits private persons can get disproportionately rich of.

jack9 8y ago

> I found an article that said Germany has more lawsuits https://www.clements.com/sites/default/files/resources/The-Most-Litigious-Countries-in-the-World.pdf https://www.clements.com/sites/default/files/resources/The-M... was it this one?

yread 8y ago
That original source is 20 years old. This is more recent paper https://ideas.repec.org/p/iuk/wpaper/2010-18.html https://ideas.repec.org/p/iuk/wpaper/2010-18.html which curiously says that US has 5806 lawsuits per 100k people compared to 3681 in the UK (second highest) and immediately adds that it's not special

kevin_thibedeau 8y ago

German law allows predatory lawyers to file lawsuits on behalf of another party without their involvement. That level of BS thankfully doesn't happen in the US.

ascar 8y ago
You are probably referring to https://en.m.wikipedia.org/wiki/Abmahnung https://en.m.wikipedia.org/wiki/Abmahnung which only affects a small part of civil law, but granted it has some nasty consequences.
zaarn 8y ago
Abmahnung is not a proper lawsuit, it's a mostly legal way to get parties to agree in case of a legal dispute without having to actually involve a court. You can ask to be reimbursed for incurred costs for up to 1000€. The current government is working no reducing the abuse of this legal mechanism. Sending one of these requires you also to clearly show how the recipient infringed on your rights or a law that affects you or your business in a negative way and lay out the costs you want reimbursed for sending the letter (up to 1000€). If you're wrong about it you'll have to pay all and any attorney fees of the other party. If someone refuses to pay or sign the Abmahnung you have to go to court, in which case you'll need agreement from the party you're representing. To file an actual lawsuit you still need to be wronged or damaged by the actions of another party, you can't just sue in the name of someone else without them agreeing to it. This is also limited to civil law, criminal law is handled by the state prosecutor via the police, not you yourself.
- gammateam 8y ago
  Very informative, sounds like a litigious society I’ll take “Semantical distinctions I dont have to care about” for $200, Alex
  - zaarn 8y ago
    I take semantical distinctions that are very important because those are important in the law because law isn't made by people that don't care about it for 300$.
  - marcosdumay 8y ago
    - If you are found wrong, you have to pay the defending party legal costs; - If the defending party ever decides to fight and you don't have the approval of the wronged party, you can't even defend yourself (read the point above again); - It's only for small values, and there is no upwards negotiation (you must lay the costs down at the letter). That's the government not requiring a judicial process for small values, while keeping all the rights of the defending party (I wish my country had something like that). You may not care about the difference, but that only speaks about you, because there's a huge difference there.

ascar 8y ago

I guess the perception comes from the kind of lawsuits private persons can get disproportionately rich of.