BIRGIT WAGNER
Partner, Lawyer
Specialist lawyer
Inheritance law
+49 751 8880–30
+49 751 8880–33
birgit-wagner@wagner-rae.de
Fields of expertise
General terms and conditions (GTC) are omnipresent in present day business. GTC are pre-formulated contractual terms that are set out in writing or in another form for repeated use. The advantage of these colloquial terms detailed in “fine print” lies in their simplification, expediting and standardisation of the conclusion of the contract, especially for high-volume businesses and online retailers.
We advise you on all matters arising from general terms and conditions. Our experts in GTC law draw up contractual terms for your business that are individually tailored to your business purposes. We review existing GTC for their effective inclusion in contracts as well as for contents that violate legislation.
Our key services in GTC law
- Advice on individual issues with GTC law
- Drafting of individual GTC (terms of purchase and delivery)
- Reviewing of existing GTC for content, effectiveness and inclusion
In the area of medical malpractice law, we thoroughly examine any assertions and defend against liability claims arising from incorrect treatment or information. We check if the liability of several parties comes into question, especially in the case of interdisciplinary cooperation or the selection and monitoring of non-medical personnel.
We undertake the determination of legal consequences of medical breach of duty, especially the determination of the scope of the claims for damages (material and compensation). We further advise doctors in the rebuttal of claims made by patients.
We also guide you through the medical malpractice process, including:
- arbitration boards for medical liability issues
- the difficult interrogations in the case of incorrect treatment and medical advice
Data protection law is becoming increasingly important, especially with regard to the processing of personal data. The scope of application not only extends to online retailing, but also to order management and processing.
Data protection law violations partly incur high fines and can entail warnings. Our core advisory service in data protection law lies in the area of compliance.
Our firm:
- offers advice on the observance of data protection law provisions
- collaborates in the creation and drafting of data protection guidelines or data privacy statements
- reviews existing contracts, especially in the context of order processing
Timely settlement of matters of inheritance is the best prerequisite for the peaceful coexistence of the bereaved parties. German inheritance law offers numerous possibilities to adhere to the last will and to individually determine hereditary succession, which the subject matter already makes extremely complex. When special living conditions and financial circumstances are added into the mix, inheritance law issues are almost impossible to resolve without specialist legal knowledge.
Our specialist lawyers in inheritance law and family law offer you competent and compassionate advice on all aspects of asset and company succession. If legal hereditary succession should lead to undesired results, we will develop a tailor-made strategy with you for the transfer of assets during the person’s lifetime or in the event or death. Our notary will design on request the appropriate orders or will review existing wills and inheritance contracts for their effectiveness. As an objective mediator, we will support you with internal family communication and will contribute to the avoidance or swift resolution of inheritance disputes. You can also rely on our competent support in the administration of estates.
Our key services in inheritance law
- Drafting and reviewing of testamentary dispositions (wills, inheritance contracts)
- Anticipated hereditary succession, drafting of donation agreements
- Advice on succession and succession planning
- Clarification and drafting of international private law-related succession issues
- Advance directives and living wills
- Support with applications for certificates of inheritance and negotiations for certificates of inheritance, representation in certificate of inheritance proceedings
- Enforcement or rebuttal of claims to legal portions of inheritance, drafting of contracts for the relinquishment of inheritance
- Help with the administration of estates, creation of estate records
- Estate settlements and execution of wills, drafting of estate settlement contracts
- Extrajudicial and judicial representation in inheritance disputes
Civil liability law—also known as tort law or indemnity law—regulates when a person is entitled to claim compensation for damages from another person.
In the area of civil liability law, we offer you advice on matters of defence as well as the assertion of claims for compensation due to property damages, personal injury, and financial losses. We undertake the determination of the cause of damage or injury and the amount of the damages, as well as the enforcement or defence of these claims before the courts. Our firm also represents both injured parties and insurers.
Our key services in civil liability law
- Contractual facts of liability
- Tortious facts of liability
- Product liability
- Medical liability
- Road traffic liability
Due to globalisation, the number of contracts concluded across borders is continuing to increase. Even in the case of other matters involving foreign countries, the question arises of whether domestic or foreign law applies. Also to be established is in which country a hypothetical claim is to be filed. With in-depth knowledge of international regulations, we make it possible to enforce your rights abroad.
Our key services in private international law
- Advice on which law applies to the situation
- Establishment of your claims according to international regulations (such as the UN Sales Convention; CISG)
- Support in the enforcement of your rights in international legal transactions
We offer you advice on all matters of sales law and check in advance:
- if a purchase agreement has effectively come into force
- if possibilities of challenges exist
- if the purchased item is faulty
- which rights and obligations result from the purchase agreement
We assert your rights when warranty claims arise and defend against these if claims of wrongdoing are alleged.
We also consider the particular situations of a purchase, such as:
- contracts closed away from business premises
- distance contracts
- motor vehicle or computer purchase agreements
The focus of our activities lies in civil traffic law, traffic offences law and criminal law. We solve all problems for you in connection to:
- the processing of damages to your motor vehicle including assertions and claims for repair, loss of use, depreciation of value, etc.
- the handling of personal injuries, including claims for compensation, loss of earning, maintenance, etc.
We undertake all correspondence with the insurers on your behalf and represent you before the courts. We also offer in-depth advice to people with permanent accident-related damage.
Further key services in traffics and accident law
- Speeding
- Driving under the influence of alcohol
- Driving bans
- Disqualification from driving/revoking of driver’s licenses
- Medical–psychological assessment (MPU in German, also referred to as the “idiot test”)
We advise and represent both insurers and policyholders in matters arising from insurance contracts.
Our key services in insurance law
- General guidelines of insurance contract law
- Liability insurance
- Life and supplemental occupational disability insurance
- Homeowners insurance
- Fire insurance
- Burglary and robbery insurance
- Contents insurance
- Vehicle insurance
- Luggage/travel cancellation insurance
- Professional indemnity insurance (lawyers, doctors, etc.)
- Legal expenses insurance
- Accident insurance
- Health insurance
The rapid increase in Internet commerce has heightened the importance of competition law for private individuals.
Our core advisory service lies in the area of law against unfair competition (German UWG). Numerous consumers have already made the “acquaintance” of the UWG under the key word “warning”.
We not only point out the legal options you have to protect yourself against unjustified warnings, but also explain to you when you can personally enforce an injunction.
Our key services in competition law
- Judicial enforcement of injunctions, especially enactment and defence of interim injunctions
- Reviewing of competition law-related actions such as advertising, discounts, extras or other sales promotion measures
The concept of business law is not uniformly defined. It nonetheless covers the entirety of standards that restrict and guide self-employment in industry, commerce, craft trades, agriculture, transport and liberal professions.
We advise and represent you both extrajudicially and in court proceedings in all matters considered here. We especially attempt to develop solutions prior to litigation, so that disputes do not arise. If these have nonetheless already arisen, we also represent you before the authorities to achieve the best possible outcome for you.
Civil law governs the legal relationships between private individuals and businesses. Regulations on civil law are notably found in the German Civil Code (BGB). Various special regulations also exist, such as in the German Commercial Code.
We enforce your claims out of court and represent you in judicial proceedings, to obtain a so-called title (such as a ruling). In cases of foreclosure, we help you to successfully enforce legally established claims.
Our key services in civil law
- Right to impose contractual and legal obligations, especially general contract law, sales law and work and services contract law
- Right to claim for compensation in rights violations arising from unlawful action (in the case of damage by third parties)
- Right to the return of assets (unjustified enrichment, claims for surrender of ownership, etc.)
- Claims for the removal or omission of damages (such as in the case of defamation or neighbour law)
Professional background
- Studied law at the Universities of Passau and Toulouse/France
- State Examination in Law, 2011 in Passau
- Legal internship from 2012–2014 in Ulm and Brussels
- Second State Examination in Law, 2014
- Lawyer in Ravensburg since 2014
Offices and memberships
- Member of the Ravensburg Bar Association, r.a.
- Member of the Working Group on International Business Law of the German Bar Association
- Board member of the Baden-Württemberg Bar Association
- Member of the Working Group on Inheritance Law of the German Bar Association
BIRGIT WAGNER
Partner, Lawyer
Specialist lawyer
Inheritance law
+49 751 8880–30
+49 751 8880–33
birgit-wagner@wagner-rae.de