Germany Archives - Page 279 of 334

verbal vs. written

In Germany, a verbal agreement can indeed be legally binding. German contract law, as outlined in the Bürgerliches Gesetzbuch (BGB), recognizes both written and oral agreements as legally enforceable under certain conditions. According to Sections 145 to 157 of the BGB, a contract can be formed through a verbal agreement as long as it meets the essential elements of a contract. These elements include a clear offer and acceptance, an intention to create legal relations, and consideration in the form of a service, product, or payment.

However, not all agreements can be concluded verbally. Certain types of contracts must be in writing to be legally binding. For instance, contracts involving the sale or transfer of real property must be notarized in writing according to Section 311b of the BGB. Similarly, a guarantee agreement must be in written form to be valid, as stipulated in Section 766 of the BGB. Consumer loan agreements also require a written format under Section 492 of the BGB.

While verbal agreements are binding, they can present significant challenges when it comes to enforcement. The burden of proof rests on the party claiming that a contract was formed, and without written evidence, it may be difficult to establish the exact terms of the agreement. Disputes often arise over differing interpretations of what was said, complicating the enforcement of verbal agreements.

Culturally, Germans tend to prefer written documentation even when a verbal agreement is legally valid. This preference is rooted in a desire to maintain clarity and avoid misunderstandings, particularly in business contexts where detailed and precise agreements are the norm. While the law may uphold verbal agreements, in practice, written contracts remain the standard for most transactions, ensuring that all terms are clearly defined and easily enforceable.

Germany to smooth entry for foreign skilled workers

The German government is drafting new plans to smooth the entry process for foreign skilled workers. It’s a move that companies say is long overdue: The country’s aging workforce is a growing liability, while positions in IT and software development are notoriously hard to fill. More companies are now looking abroad for help.

YouTube comments:

“I am a Spanish Software engineer living in Germany, I love this country. The language barrier was difficult, but my german wife helped me a lot.”

“German companies should start paying more, to begin with. I have hard time believing they can attract top talent with present level of salaries. Even their doctors are leaving en masse to other countries.”

“To compare German passports with Titanic tickets might be too harsh of a comparison. But if German thinks its innovation can be fueled by mercenaries, that kind of human resource policy is doomed to fail. Companies give options and shares to encourage employees to give their best and be loyal. There’s a reason electric cars are re-imagined in the USA, by immigrants, not in Germany where all the automobile giants reside. But well, some people try to steer the Titanic, some probably are proud just sinking with the tickets in their hands. If there’s a book that fits German’s approach, it’s “Only the Paranoid Survive”, the thing is 🙂 Germany often is paranoid about the wrong thing.”

“There is a very specific and a systematic reason as to why in the 50 years of the software/Internet/IT industry, there has NOT been a single non-American company which has gone on to become a globally profitable, consumer product, and a publicly traded company. Germany still lives in the 19th century when it comes to their traditional companies. You have to accept the fact that English is a global language. No one speaks German in Asia, for example, which is the two thirds of the world population.”

“They are more skilled workers in Germany than they need, the problem is the companies require you to speak fluent German language which is impossible in one year. They need us but they don’t want us!”

In Germany, a tendency to know-it-all is spreading. That could be politically dangerous

NZZ. December 2022. Germans don’t tend towards extremism – actually. But in the political and media sphere, know-it-alls and paternalism are increasingly noticeable. Contempt for the normal is a cause for concern.

For a long time, modern Germany was not a country to worry about from a democratic point of view. According to a study by the Allensbach Institute for Public Opinion from this year, 25 percent of Germans place themselves exactly in the middle of the democratic opinion spectrum; 36 percent slightly to the left, 29 percent slightly to the right of this center. That’s 90 percent between center-left and center-right. Actually calming.

Methodology

German academic training focuses on methodology. The quality of results – whether in the natural sciences or in the humanities – is determined by the quality of methodology. German students are taught that the person applying the methodolgy, but not the methodology itself, is interchangeable:

“… the conclusions verifiable; the starting point and operating assumptions logical and understandable; the individual steps taken re-traceable; so that the same results are arrived at by anyone taking the same path of inquiry.”

The academic (scholar, scientist, inquirer) is fully detached from the topic substance, both in the execution of the inquiry and in the presentation of results. Message and messenger are kept separate.

Ambivalence

The Merriam-Webster dictionary defines ambivalence as “simultaneous and contradictory attitudes or feelings (as attraction and repulsion) toward an object, person, or action; continual fluctuation (as between one thing and its opposite); uncertainty as to which approach to follow.”

Attraction and repulsion. Germans are attracted by logical, well-researched and -argued statements. But they are also attracted by personal appeal, by a speaker who is both appealing and appealing to. Appealing to as in reaching out to.

Germans are repulsed by an imbalance between rational (objective) and personal (subjective) appeal. Mehr Schein als Sein, which translates into more appearance than substance, is a severe criticism. But they are also repulsed, perhaps moreso, by a sophisticated and effective appeal to emotions, to the less rational.

Germans are also capable of persuading by placing themselves front and center, by establishing a personal connection, by appealing to emotions. They choose not to, however. They choose not to teach, train or reinforce it. Ambivalence. They can and often want to, but are wary of the negative effects. Instead, Germans feel the need, the obligation, to constrain themselves, to not go there.

Why? Partly it is their strong scientific, rational, intellectually rigorous approach. Partly it is their belief that persuasion should not be deceptive. Appealing to human emotions – pushing all of the right buttons without the listener being aware of it – is a form of manipulation.

For if the listener is not aware that their thinking is being steered by their emotions, she is not in a position to freely choose to accept or reject the arguments presented. That person is reduced from subject to object. Deception. Manipulation.

Respected in Germany

Robert H. Goddard, now considered the American father of modern rocketry, was often mocked and ridiculed by his fellow Americans during his lifetime, but was well-respected in Germany, largely because of his persuasive techniques.

Early in his rocketry research, Goddard funded his own testing, but as his work grew in scope he began to seek outside funding. However, as a publicity-shy man who tried to keep media-focus on his work instead of himself, most of his attempts to solicit financial assistance failed, with the exception of the Smithsonian Institution, which agreed to grant Goddard modest funding.

In 1917, Goddard made several proposals to the U.S. Army and Navy about the possibility of his rocket research being used in the military. Although both organizations were interested, the only one of Goddard’s proposals that he was allowed to develop was his idea for a tube-based rocket launcher to be used as a light infantry weapon. This launcher became the precursor to the bazooka.

After WWI, Goddard returned to researching rockets, and in 1919 he published a book titled A Method of Reaching Extreme Altitudes. As part of this book, he mentioned the possibility of sending rockets to the moon. At the time, this was considered an outlandish and impossible suggestion. Although this was only a small part of the book, Goddard was soon subjected to what David Lasser, the co-founder of the American Rocket Society, called the “most violent attacks.”

In 1926, Goddard successfully launched the world’s first liquid-fueled rocket. Partly due to Goddard’s poor reputation and partly due to his media-shyness, this launch was largely unnoticed. In 1929, following one of Goddard’s rocket launches, a local newspaper mockingly printed the headline “Moon rocket misses target by 238,799.5 miles”

Although Goddard had difficulty convincing Americans that his ideas were useful, his work was very persuasive to Germans, and it wasn’t long after his book was published that Goddard began receiving queries from German engineers asking about his work. Initially Goddard answered these queries (his help is even acknowledged in Hermann Oberth’s 1923 book Die Rakete zu den Planetenräumen) , however, increasing aggression from Germany began to worry him, and by 1940 he had stopped responding to the engineers’ questions.

Realizing that he may have inadvertently assisted in German development of long-range missiles, Goddard attempted to warn the U.S. Army and Navy about a potential German threat from rockets. Although Goddard was not able to sell his idea that long-range missiles were a possibility (both organizations considered his warnings too far-fetched to be worth contemplation), he was able to sell himself well enough that between 1942 and 1945 the Navy employed him as Director of Research in the Bureau of Aeronautics, where he worked developing experimental engines.

Why Every NBA Team Needs an Australian

The safest way to win an NBA championship is to land one of the league’s few unstoppable players. But even superstars require the right surrounding parts. They are the Australians. And every team in the NBA could use one.

Australian players tend to be the opposites of most American players. They don’t seek superstardom. They actively avoid attention. They excel in the egoless roles that most players reject.

Aussies can be so obsessed with their teams, in fact, that individual awards make them uncomfortable. They want to win more than anything else. “The kids in the U.S. are told from the time they’re 12 years old that they’re the next Michael Jordan.”

Angela Merkel

Sunday. September 26, 2021. Federal elections in Germany. Angela Merkel, after sixteen years in office, four consecutive terms, had decided not to run for re-election. In a few weeks we’ll know who her successor is.

Serge Schmemann, one of the world’s sharpest observers and analysts of events in Germany, and in Europe, wrote about Frau Merkel:

“These traits of honesty, modesty, discipline, persistence and reserve would seem almost quaint elsewhere, in New York City, say. But when someone facing almost insurmountable political odds — as a woman, an East German and a scientist — rises to the pinnacle of German power and stays there for four terms, there’s something for America and other democracies, where decent people are increasingly shunning politics, to learn and emulate.”

Features of German Employment Law

Relations between German employers and employees are extensively regulated under German labor and employment law. German labor and employment law is strongly biased in favour of employees and is probably best referred to as the “employee protection law”.

Günter Jauch

Günter Jauch, moderator of the very popular German version of Who Wants to be a Millionaire, is known for his dry, rational delivery and his uncanny ability to open up his quiz show guests with wit, irony and subject matter knowledge.