School law in Germany is state law. In North Rhine-Westphalia, Section 43 of the School Act says what happens when a child is ill. If a pupil cannot come to school because of illness or another unforeseeable reason, so benachrichtigen die Eltern unverzüglich die Schule und teilen schriftlich den Grund für das Schulversäumnis mit. The parents notify the school without delay and give the reason for the absence in writing. Pupils of 18 and over write their own. German families know the note as die Entschuldigung, the excuse.
The Land Register Counts as True
Section 892 of the German Civil Code is headed Öffentlicher Glaube des Grundbuchs, public faith in the land register. For a person who acquires a right to land by contract, gilt der Inhalt des Grundbuchs als richtig, the content of the land register counts as correct. There are two exceptions. Either an objection to the entry has been recorded, or the buyer knows that the entry is wrong. A buyer may therefore rely on what the register says. Buyers also secure their claim in the register before the sale is complete. The notary has an Auflassungsvormerkung, a priority notice, entered for them. The savings banks’ guide explains the effect. Ab diesem Zeitpunkt ist die Käuferseite rechtlich geschützt. From this moment the buyer is protected by law.
The Memory Record
A Gedächtnisprotokoll is a memory record. It is a written account of a conversation or an event, made from memory soon afterward. The career guide Karrierebibel recommends one for the insurance after an accident, for example. It gives a clear rule on timing. Warten Sie nicht ab, bis die Erinnerungen verblassen, sondern schreiben Sie diese sofort auf. Do not wait until the memories fade. Write them down immediately. A form on the website of the University of Münster is meant for documenting an incident in this way. It asks the writer to record nur was tatsächlich gesagt oder getan wurde, ohne Wertungen oder Interpretationen, only what was actually said or done, without judgments or interpretations. Nothing is changed afterward. Ergänzungen fügen Sie als neuen, datierten Eintrag hinzu. Additions go in as a new, dated entry.
A True Review Must Be Accepted
A man had rented a workshop from a real estate firm. In 2009, after a dispute, the two sides settled on 1,100 euros. The operator of the firm paid only after the man applied for enforcement and reported him to the public prosecutor. Three years later the man described these events on an online platform that rates companies. The operator sued, and two courts in Hamburg ordered the man to stop. On 29 June 2016 the Federal Constitutional Court overturned those rulings. Wahre Tatsachenbehauptungen über Vorgänge aus der Sozialsphäre sind grundsätzlich hinzunehmen. True statements of fact about events in the social sphere must, as a rule, be accepted.
Unless the Seller Concealed It
A seller may agree with the buyer that the buyer has no rights because of defects. Section 444 of the German Civil Code sets a limit. The seller cannot rely on such an agreement soweit er den Mangel arglistig verschwiegen … hat, insofar as he has fraudulently concealed the defect. A seller acts fraudulently when he knows of a defect, or thinks it possible, and deliberately leaves the buyer in the dark. The Regional Court of Potsdam stated the duty plainly. The seller of a used car must reveal an earlier accident ungefragt, without being asked. Only minor damage is exempt, and a replaced fender no longer counts as minor.
A Truth Told in the Wrong Place
In early February 2002, Rolf Breuer, the spokesman of the board of Deutsche Bank, gave an interview to Bloomberg TV. He spoke about the media group of Leo Kirch, which had borrowed from the bank. He said that the financial sector was not ready to provide further loans or equity on an unchanged basis. On 24 January 2006 the Federal Court of Justice ruled that the bank had breached its duties under the loan contract. A bank must not endanger its borrower’s creditworthiness by statements of fact, auch wenn sie wahr sind, even if they are true. In 2014 Deutsche Bank settled with Kirch’s heirs for 775 million euros plus interest. In a later trial Breuer said that he still stood by his words. The presiding judge asked whether a truth spoken in the wrong place could be a slip. Breuer answered: Nein, denn es war ja allgemein bekannt. No, because it was generally known.
Answers That Would Unsettle the Population
On the evening of 17 November 2015, the football match between Germany and the Netherlands in Hanover was canceled at short notice after a terror alert. At a press conference, Interior Minister Thomas de Maizière said: Ein Teil dieser Antworten würde die Bevölkerung verunsichern. Part of these answers would unsettle the population. The next day the Green politician Konstantin von Notz said that the minister must make clear statements and darf nicht diffus über Bedrohungen orakeln, must not speak vaguely about threats like an oracle. Dietmar Bartsch of the Left party called it very problematic when a minister unsettles people with hints. De Maizière defended his restraint. Wir können nicht jeden Hinweis dieser Art in der Öffentlichkeit diskutieren. We cannot discuss every tip of this kind in public.
Say What Is
On 11 April 1961 Rudolf Augstein, the founder of Der Spiegel, wrote an editorial addressed Lieber Spiegel-Leser, dear Spiegel reader. In it he named the only way for a journalist to change reality. Er kann sagen, was ist. He can say what is. Today the words Sagen, was ist, to say what is, stand on the wall of the atrium of the Spiegel building at the Ericusspitze in Hamburg. The lettering copies Augstein’s handwriting. The building opened in 2011. Augstein did not invent the phrase. It can be traced back to Rosa Luxemburg.
No Den of Murderers in the Heart
aus seinem Herzen keine Mördergrube machen
To make no den of murderers out of one’s heart. One says openly what one thinks. A blog in the community of the weekly Der Freitag counts it among the phrases that Martin Luther created.
frei von der Leber weg reden
To speak freely from the liver. One says what one thinks, without holding back.
das Herz auf der Zunge tragen
To carry one’s heart on one’s tongue. One says at once what one feels and thinks.
mit offenen Karten spielen
To play with open cards. One hides nothing from the other side.
Lies Have Short Legs
Lügen haben kurze Beine.
Lies have short legs. A lie is soon found out.
Kindermund tut Wahrheit kund.
A child’s mouth makes the truth known. Children often say what adults do not dare to say.