Difference Goalie Senior Intermediate

seniors ban in lectures at the Frankfurt University

Frankfurt am Main (Germany), 20.07.2005 - At the Goethe University, more than 5,000 so-called senior students are enrolled, which, the student council and the university administration to affect the operation of the university strong.

The seniors come in part, a half hour before classes start in order to reserve seats, so that young students have to sit on the stairs and corridors. This is untenable, because the priority was the university on the education of young students and not for the seniors. We therefore need to stay away from the winter semester, the senior lectures and seminars. + + Wikinews

COMMENT

This can surely be no solution.

discussions

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BGH: Assisted Living, termination

No 61/2005
Federal Court decides on contractual grounds for termination
assisted living

The defendant, a Bavarian with the Red Cross affiliate, operates in Munich in a condominium attached a Senior residence. She has rented the necessary dwellings of more than 200 condominium owners for the purpose of the operation of a "Senior Housing" and may in that purpose, let the flats to third parties. The (now 81 years old) because of an applicant lived with the defendant closed "pension contract" with effect from 1 May 2001, two rooms, kitchenette, bathroom, hall and balcony existing, apart from a fitted kitchen unfurnished apartment of 47 m² of approved size. is in the Treaty described basic and other services for the month to pay a "net-board price" of 2295 DM include, in addition to the use of the apartment, the right to shared use of community facilities, emergency service around the clock by own personnel, first Help at any time day or night and in temporary illness nursing care by the nursing staff of the defendant in the apartment for up to ten days per year. Added to connect a number of other advisory and health services and special offers. An addition to earnings-border services, the applicant makes the lunch and the cleaning of their apartment to complete. It is subject to the contract to determine whether they will, if necessary, for the provision of care to be reimbursed separately the in-house or third-party services. The completed life-time resident of the treaty contains provisions for termination in § 19, which are similar to the termination provisions of the Home Act.
The defendant told the residents with in June 2002, it would not extend the contractual term of the leases with the owners, which means that the operation of the residence for senior citizens 31. expire December 2005. The apartments would thus 1 January 2006 returned to owners. At the same time they pointed out, they operated and the Bavarian Red Cross, several houses, the residents could move easily. The parade is organized by her and the people would respect their active support. As a reason for their decision was given, the continued operation of the senior residency requirement to fulfill extensive regulatory requirements and making the investment, the economy could not be tolerated. The defendant has not yet terminated the pension agreement with the applicant.
on by the applicant raised affirmative action, the district court the defendant a law to the home ajar and termination, failure meant the contrary in the pension agreement regulated the extent of Default pursuant to § § 543, 569 BGB para 5. Here, the district court is expected that the emphasis of the contract that relates to the so-called assisted living, whether tenancy agreement. The district court, which has left open the issue has rejected the claim, because neither exclude clause in the lease, employment contract or contractual arrangements, a notice home in general. It has allowed an appeal because the question of fundamental importance is whether to retire this type of contract termination options could be provided, which is in line to the home law. In its appeal, the applicant initially sought the restoration of the district court ruling. During the revision process, it has itself terminated the pension agreement with the defendant. She lives in the apartment now closed due to a further lease with the owner and procured the date of the defendant's services from third parties. With regard to this termination, the parties stated at the oral hearing, the revision mainly in agreement void.
In the hereafter, only induced decision on the costs of the proceedings, taking into account the recent to indulge in kind and the dispute, has had its own discretion, the III. Civil Division of the Federal Court, the contractual agreement of termination, the law inspired by the home deemed admissible. He had to leave for lack of sufficient observations in the lower courts open whether the pension agreement is therefore not yet apply the Homes Act, as the senior resident is to be regarded as a home. However, after the appeal trial was no doubt that the included in the price not allocated pension payment for the care package was not of secondary importance. III. Civil Division has determined, therefore, a single tenancy agreement considering the relationship will the importance of the elements associated with the service contract is not just. The show is about at an end of the interim lease. That occurring here, the owner of housing in the rental agreement, a fair solution for the use of the apartment, but it does not meet the expectations of the lessee for the agreed care services. Take care on the contractual no subordinate role existed, no objection to a termination, a change in the health status of the resident, if proper care is no longer possible - here are the boundaries of an assisted living stood already in question - and with a setting or materially change the operation of the senior residence. At this termination option, the III. Civil Division stated that it stands not in the free discretion of the operator, but is justified only if represent a continuation of the Treaty, this would be unreasonable. In this connection, the interest of the contractor to remain in the selected device in the long run to be considered. At the same time it noted that it includes such an option to terminate the obligation to prove to the inhabitants of a reasonable accommodation and other support to reasonable conditions and the cost of the move in a reasonable Extensive wear. Whether the conditions for such termination existed here was not the subject of the complaint. Since the applicant does not enforce their legal positions of a single application of the tenancy termination provisions for housing, could have the III. Civil Division, the cost of the review process imposed on it.

order of 21 April 2005 - III ZR 293/04
AG Munich - 453 C 21545/02.. LG München I - 31 S 15357/03
Karlsruhe, 21 April 2005
press office of the Federal

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BGH: Nursing home duties

No 106/2005
Federal Court for the duty of the institution of a nursing home, physical integrity the residents to protect

The III. Civil Division of the Federal Court has decided the following case: The plaintiff

health insurance fund Saxony made against the defendant institution of a nursing home a power-law (§ 116 SGB X) subrogated damages of a claim in an accident severely injured home resident. The victim was born in 1915 lived since March 1997 in the home of the defendant. She received the mandatory insurance benefits for the care level II in January and February 2000, she was on night duty found the home three times after a fall in her room. These falls were no obvious consequences. The offer of the nursing staff, while pull up the night the bed barriers, she refused. Although she made frequent use of the option, to operate in their room located bell for assistance. She was, however, forced some things - to take care of themselves - such as the toilet. To compensate for the risk due to getting up at night, provided the nurses a commode to the bed of the resident and let the light in the bathroom. On 9 March 2000, the resident suffered a fall from 22.30 clock including fractures of the cervical vertebrae C1/C2 with paralysis of all four extremities. She was until her death on 7 June 2000 in hospital. The applicant was the View, the staff of the defendant would have to avoid the fall. Possible measures of preventing falls are next to a sensor monitoring a mattress, a light barrier system, adjustment of the bed, changes in flooring or Hüftschutzhosen come into consideration. If necessary, the nursing staff should have taken some decisions against the will of the victim. The defendant has defended itself substantially so, the victim refused the offered Raising bed bars, by the situation that occurred in 2000 advised doctors have changed the medication and no further action deemed necessary.
The district court has to pay from around 86,000 €-looking application is rejected, the appellate court has declared it on the merits justified. III. Civil Division of the Federal Court has already Judgement 28th April 2005 (III ZR 399/04, see the Press Office Communication No 68/2005) decided to meet the support of a nursing home - limited to the usual measures in nursing homes, which with a reasonable financial and human costs were realized - a duty of care to protect the physical integrity of his care home residents, their dignity and independence are respected. In the present case, the III. Civil Division, the Appeals Judgement, and the case for a new trial and decision remanded to the Court of Appeal. He has in the recent findings of the court saw no reasonable basis for a claim against the carrier of the home, the resident was the fall hazard can not be discussed intensively enough and not urgent - it - with the involvement of a physician, the nursing home management, nephew or other trusted third parties been encouraged to grant the consent for pulling out of bed bars at night time, and the guardianship court had to be taught in a failure of these efforts on the situation. The appellate court must therefore examine in further proceedings if the defendant home carrier has violated obligations result from the generally recognized state medical and nursing knowledge.

Case of 14 July 2005 - III ZR 391/04 -
LG Dresden - 14 O 3013/03 /.. OLG Dresden, 7 U 753/04
Karlsruhe, 14 July 2005
press office of the Federal Court 76 125 Karlsruhe