HANS-PETER WIENTGES
Partner, lawyer
Specialist lawyer
Tenancy and residential property law
Traffic law
Insurance law
+49 751 8880–28
+49 751 8880–33
wientges@wagner-rae.de
Fields of expertise
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
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
Several employees of our firm specialise in the collection of debts. They always look for the quickest and most cost-effective means of claiming your debts. After the successful obtaining of a title, we also undertake foreclosure proceedings for you, so that you not only possess a piece of paper (the ruling) as a result, but also receive your money.
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 activity of a broker is focused on bringing about the conclusion of a contract between two other people as an intermediary, whereby only successful brokerage activity triggers remuneration claims. Different kinds of brokerage activity exist, for example housing brokerage, property brokerage, loan brokerage, employment brokerage and the like.
Legal regulations differentiate between two kinds of broker, namely the so-called referral broker and the intermediary broker.
We offer you advice as a broker or customer of a broker on all issues concerning the drafting and conclusion of a brokerage contract. Alongside intensive counselling and extrajudicial negotiation, we of course also handle lawsuits for you.
Our key services in brokerage law
- Content-related design of brokerage contracts (exclusive commission, qualified exclusive commission)
- Effectiveness of individual contractual clauses
- Conclusion of the contract
- Incurring of the commission
- Forfeiture of the commission
- Reservation agreements
Tenancy law belongs to the field of civil law and covers all provisions that regulate the relationship between tenant and landlord. Since the vast majority of the German population lives in rented accommodation, tenancy law is a particularly important legal field. It includes a multitude of legal regulations, to which new regulations are constantly being added.
We offer advice to both landlords and tenants on all matters concerning the increasingly complicated legal situation in commercial and private tenancy law. Through specialist lawyer-related specialisation and further training, we know the current rights and obligations of both renting parties, so that we can optimally represent the interests of our clients.
In tenancy law affairs, we always attempt to resolve conflicts in a conciliatory manner and to solve your problem in a time and cost-efficient way. If extrajudicial negotiations should fail, we also assert your claims in court.
Our key services in tenancy law
- Conclusion of the rental agreement
- Cancellation of the rental agreement
- Protection against unwarranted eviction
- Termination of the rental agreement
- Settlement of the rental agreement
- Vacating and surrendering
- Rent increases
- Cosmetic repairs
- Running costs
- Rent reduction in the case of defects
- Termination of the rental agreement
- Settlement of the rental agreement
- Change of the contracting parties
An administrative offence or misdemeanour is an unlawful and reprehensible action that fulfils the legal elements of law allowing punishment by a fine. The term misdemeanour describes legal violations without criminality and that are therefore not punishable under the penal code.
Of great practical importance are first of all misdemeanours in road traffic, such as speeding, infringement of the minimum separation distance, incorrect overtaking, or driving under the influence of alcohol, drugs or the like. Misdemeanours can also be committed in a multitude of other legal fields, in which corresponding regulations exist.
We advise and represent you in all misdemeanour procedures against the responsible authorities, as well as in any potential subsequent court proceedings.
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 German Condominium Act regulates the rights and obligations of members or owners of a homeowners or condominium association.
Our firm represents both individual owners, owners’ associations, and property managers extrajudicially, judicially and also at owners’ meetings, if necessary.
Our key services in residential property law
- Utilities/housing benefit payments
- Estate division orders
- Property management agreements
- Rights and obligations arising from joint ownership
- Individual and communal property
- Rules for use
- Benefits, burdens and costs
- Condominium owners’ association meetings (convocation, presidency, minutes, resolutions)
- Appointment and dismissal of the manager or custodian
- Responsibilities and powers of the manager or custodian
- Budgets, accounting
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 University of Konstanz
- State Examination in Law, 1992 in Konstanz
- Legal internship with Studio Legale Falconi, Rome/Italy
- Second State Examination in Law, 1995 in Karlsruhe
- Lawyer in Ravensburg since 1995
- Specialist lawyer in insurance law and tenancy and residential property law since 2005
- Specialist lawyer in traffic law since 2013
Offices and memberships
- Board member of the Tübingen Bar Association
- Member of the Working Group on Tenancy Law, Traffic Law and Insurance Law of the German Bar Association
HANS-PETER WIENTGES
Partner, lawyer
Specialist lawyer
Tenancy and residential property law
Traffic law
Insurance law
+49 751 8880–28
+49 751 8880–33
wientges@wagner-rae.de