Object Now or Lose the Right

In German private law, silence is in principle not a declaration of intent. Several rules make an exception, and they all reward the person who objects in time. A works council must be heard before every dismissal. If it has Bedenken, concerns, about an ordinary dismissal, it must state them in writing with reasons within one week. Äußert er sich innerhalb dieser Frist nicht, gilt seine Zustimmung zur Kündigung als erteilt. (If it does not respond within this period, its consent to the dismissal counts as given.) A shareholder who attended the annual meeting can, as a rule, challenge one of its resolutions in court only if he or she declared an objection for the minutes at the meeting. Between merchants, a letter confirming a deal counts as accepted unless the recipient objects without delay, and goods that are not inspected and complained about in time count as approved. A tenant who does not report a defect in the apartment promptly can lose the right to reduce the rent.

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