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ECJ - Men have the right to "nursing vacation"

Biologically somewhat beside the point, but certainly in terms of modern gender equality, the ECJ has also granted fathers the right to "nursing vacation". In Germany, there are the rules in BEEG - law regulating parental benefits and parental leave. § 1 BEEG looks - in keeping with the legal opinion of the Court also states that regardless of gender and employment, fathers and mothers be entitled to parental leave.
Anders is the previously regulated in Spain, where an employee's father after the law was only "nursing vacation", though his wife was working with an employer. Was she an entrepreneur or a freelancer, was dependent on the working man blocked the road to "Still Time" - for whatever reason.

The ECJ has the scheme in its Judgement of 30 September 2010, Case No.: C-104/09 called a "gender-discriminatory", stating that:
"mothers engaged in paid employment, have always entitled to the so-called" Quiet vacation, "while fathers engaged in paid employment, this claim only have when the mother of her child is also engaged in such work. The property extends as a parent, so for male workers not to take such leave can, but for female workers. Men and women, the father or mother of young children sind, befinden sich im Hinblick auf die für sie möglicherweise bestehende Notwendigkeit, ihre tägliche Arbeitszeit zu verringern, um sich um dieses Kind kümmern zu können, in einer vergleichbaren Lage." Die Gewährung des sogenannten „Stillurlaubs“ habe sich in der Rechtsentwicklung von der biologischen Tatsache des Stillens gelöst. Daher müsse dieser Urlaub jedem Elternteil geschlechts- und beschäftigungsunabhängig zustehen. 

Diesen Post als pdf herunterladen . 

(C) Foto: melti auf www.pixelio.de

Why Male Octopuses Die After Mating

BGH: The compulsory partial waiver of a disabled social benefit recipient ist grundsätzlich nicht sittenwidrig.

How do I protect my assets from the income support? This question relates many parents of disabled children on welfare. His lifetime, the thing is not a significant problem - the right to maintenance of children to their parents is only very marginally to the social security authority of, II § 94 SGB XII . But what if one dies the parents?
then inherits the child is suddenly wealthy, and must use this power even before it is again permitted to hang on the drip of public funds, so-called subordination of social assistance. Try to address the many so that the disabled child in his will to exclude from the succession and it can also dispense with the compulsory portion. Such a situation had to decide, the court in its ruling of 19.01.2011, Az IV ZR 7 / 10 .
"On November 6, 2006, placed the defendant and his wife, a notarized joint will, the spouse This translated to each other as a sole heir. Final heirs should be the three children, of whom one daughter suffers from a learning disability, but is not under judicial supervision and is not limited in the capacity ... " (Rules to follow for the death of Letztversterbenden - Vorerbschaft not exempt the disabled child with executing a will by one of his sisters) "... Im Anschluss an die Beurkundung des Testaments verzichteten die drei Kinder in notarieller Form auf ihren jeweiligen Pflichtteil nach dem Erstversterbenden. Noch im Laufe des Abends des 6. November 2006 verstarb die Ehefrau des Beklagten."

Den Pflichtteilsverzicht hielt der Sozialversicherungsträger, der seit 1992 Sozialleistungen für das Kind erbrachte, für unwirksam. Der Versicht sei nur deshalb erklärt worden, um den Nachrang der Sozialhilfe zu unterlaufen und das Familienvermögen zu Lasten der Allgemeinheit vor einer Haftung für den Bedarf des behinderten Kindes zu bewahren.

Dem widersprach der BGH. Er führte im Anschluss an seine bereits gefestigte Rechtsprechung zum Behindertentestament, vgl. nur BGH, Urt. v. 21.3.1990, Az IV ZR 169/89 aus, bei Leistungen für behinderte Kinder sei der Nachrang der Sozialhilfe so schwach ausgeprägt, dass die Testierfreiheit den Vorrang haben müsse. Bei Leistungen für behinderte Menschen sei der Einsatz des Vermögens durch das Gesetz auf das Zumutbare beschränkt. Die Überleitung von Unterhaltsansprüchen, insbesondere gegen die Eltern des behinderten Kindes, sei nur - s.o. - in sehr beschränkten Umfang möglich.
Im Umkehrschluss müsse es auch eine "negative Erbfreiheit" geben, deren Inanspruchnahme nicht sittenwidrig sein könne. Niemand könne gezwungen werden, zu erben. Art 6 GG gebiete es im Übrigen auch, die familiäre Solidarität zu berücksichtigen. Had the disabled daughter on her due, by the dispensed, they would have acted the declared interests of the entire family conflict.

This ruling is first of all is a coup, as far as it concerns the protection of family assets. Whether this will be permanent but must be seen. The legislature has often-Law Corrections to access the social security institutions by way of recourse has facilitated - even the empty cash to spare. Accordingly, this ruling is critical to the well expressed in the Dillon Tribune Online Legal . With cases such as this would undermine the subordination of social assistance completely. He calls for a change in legislation. Ob sie kommt? Wir werden sehen...

Diesen Post als pdf herunterladen .

(C) Foto Gerd Altmann auf www.pixelio.de

Need My Service Computation Date

: New P2 range 2011! Nail Polish Swatches +!

All about the new Catrice range: HIE R.
All about the new Essence range: HIE R.

my nail polish purchase from the new P2 line I wanted to have post on Friday evening, unfortunately I was caught a nasty cold (with all the trimmings). I feel although still pretty bad, want you but my find not deny:)

After a lengthy dental appointment on Friday morning I was rewarded the fate of the new P2 line, which I found on the way back in the suburbs-DM . Of course I had no camera with me again (I am determined to get myself a small digital camera soon, then I can always carry around in my pocket with me), so are unfortunately no pictures from the bar and the complete range.
show this I what I have bought everything, including carrying pictures (on the fingers, I have ordered no new wheels can nail).

The new P2 nail varnish range consists almost exclusively of cream finish paints divided and in the familiar "Color Victim" series and the new "Last Forever" series, which is characterized (according to manufacturer) through special long stop ( on the back of the bottle reads: "8 days standstill"). The Victim-Color paints are as previously filled with 8ml and cost 1.55 euros, which included 10ml Last Forever and are available for 1.75 €.

click to enlarge the photos.

Group A

The new P2 Victim Color Coatings (Group A) - from Left to Right:

590 - Who Cares? / 600 - Jetset / 610 - Groovy / 720 - Glory

The new P2 Victim Color Coatings (Group A) - from Left to Right:

590 - Who Cares? / 600 - Jetset / 610 - Groovy / 720 - Glory

The coatings (group A) + Swatches - from left to right:

590 - Who Cares? / 600 - Jetset / 610 - Groovy / 720 - Glory

Two Layers without topcoat.

Group A: Group A All paints have a creamy finish without any glitter and Schimmerteilchen. Application and drying time was ok, cover two layers completely.

The dark gray 720 - Glory (two layers), up about it, the new Crackling Topcoat 030 - Golden Rush (one shift) plus Essie - Good To Go Topcoat .

group B

The new P2 Victim Color Coatings (Group B) - from Left to Right:

540 - Poetic / 530 - Charming / 580 - Funky / 570-So Cool!

The new P2 Victim Color Coatings (Group B) - from Left to Right:

540 - Poetic / 530 - Charming / 580 - Funky / 570-Sun Cool!

The coatings (group A) + Swatches - from left to right:

540 - Poetic / 530 - Charming / 580 - Funky / 570-Sun Cool!

Two layers without topcoat.

Group B: 540 - Poetic / 530 - Charming / 580 - Funky have a cream finish, medium blue 570 - So Cool! with its sheen finish a rare exception in the new range. Also in Group B with two coats of good coverage and no complaint at application and drying time.

carry on this thumb I use two layers of purple 540 - Poetic , above the crackling top coat over it 030 - Golden Rush and a layer Essie - Good To Go topcoat.

Group C

1x Color and lacquers Victim 3x Last Forever (Group C) - from Left to Right:

Color Victim: 710 - Soulful, Last Forever: 050 - Get Together! / 040 - Flirt & Tease / 070 - Charming Secret

1x Color and lacquers Victim 3x Last Forever (Group C) - from Left to Right:

Color Victim: 710 - Soulful, Last Forever: 050 - Get Together! / 040 - Flirt & Tease / 070 - Charming Secret

Varnishes (Group C) + Swatches - from left to right:

710 - Soulful / 050 - Get Together! / 040 - Flirt & Tease / 070 - Charming Secret

Two layers without topcoat.

Group D

The new P2 Victim Color Coatings (Group D) - from Left to Right:

520 - Trouble / 730 - Hug Me! / 740 - Electric

The new P2 Victim Color Coatings (Group D) - from Left to Right:

520 - Trouble / 730 - Hug Me! / 740 - Electric

The coatings (group A) + Swatches - from left to right:

520 - Trouble / 730 - Hug Me! / 740 - Electric

Two layers without topcoat.

Group D: Group D All paints have a creamy finish. Opacity, drying and order as in the other groups.

Conclusion: I like new product ranges! As has been slow to fill the old stuff, long ago bought backups of all favorite paints and longs for something new. So it was me in the last weeks before the range was heralded with Catrice conversion 2011th The new P2 paints are nice, there are many beautiful colors here, the coatings can be used all well and have a good coverage to have (as opposed to some bright and nude paint from the old range), but there is something missing for me right cheer .

first I did not know what it is, now I know what I miss: experimentation, different finishes, something unusual! With a few exceptions, the new paints are all creamy. There is absolutely nothing against beautiful cream color to object, but almost exclusively a finish? As did the old standard range more variety! The new Last Forever series makes me, unfortunately, very cold. On the one hand, it is (besides the three Nudelacken which I bought) from relatively uninteresting for me red and brown tones, on the other hand, I am relatively long shelf-life care because I Lacquer anyway for each day.

course there are many girls who are nude, brown and red tones are great and the one color would like to take a little longer and not feel like every day on it, have to make the old paint down and a new on it, so the load Forever paints definitely have to exist.

And of course, at the Victim Color paints many interesting new colors here, my favorites include the almost neon yellow 520 - Trouble and the dark-yellow (or light-orange) 730 - Hug Me! , and the lilac-purple 540 - Poetic and mint green 590 - Who Cares? (to name a few).

When I use the new P2 standard coatings, however, compare with the new Catrice or Essence range, provide the fireworks of different finishes (both large and small glitter, Hololacke, duochrome) and paint types (Crackling coatings, magnetic coatings, special topcoats) and thus appear innovative and modern, it seems to me like trying to at P2 (at least in the paint sector) that risks and go to hold on to more proven. Of course, this also has its justification and there will be many girls who will be happy to just above the range, as it is now, but I had hoped for a little more.

I also do not understand the recycling of paint name. For example, there was the paint with Electric and trouble already in the old range, but the colors were very different than today. Why did not you just new names taken? Confused me somehow ...

, enough conclusion, and now it continues with the other products I've bought:)

more purchases from the new product line:

Links: A new color variation of the crackling topcoats, 030 - Golden Rush .

Right: The new XXL Grow Power to speed nail growth, I am sometimes very curious!

Links: 030 - Golden Rush, Right: XXL Grow Power.

One of the (I think the four or five) new eye shadow palettes, P2 - Color Fusion - 010 - Something about orange! that contains 10 colors and an angled brush.

P2 - Color Fusion - 010 - Something about orange!

I am absolutely no expert eyeshadow can judge me on the color charge is not properly looked at the first attempt to hand the whole extent of the good. The range of costs € 3.95 and includes 5.6 grams

Two of the new Glamourazzi Lip Pencils in the colors 060 - Take a picture! (top) and 040 - Society girl (below).

Glamourazzi Lip Pencils: 060 - Take a picture! (top), 040 - Society girl (below).

Glamourazzi Lip Pencils: 060 - Take a picture! (top), 040 - Society girl (below).

the upper Pencil out I turned fully to look at how much is included.

swatches of 040 - Society girl (left) and 060 - Take a picture! (right).

Lips "pins" I like to be pretty good and I was able to apply the paint well on my lips and liked the result (the 060 - Take a picture rather not for everyday life, is not, at least for me ). The pencils are there in 5 or 6 colors, at a cost of 2.95 €.

What I do not like are somewhat coarser Glitterteilchen which apparently are included in all Glamourazzi Lip Pencils. The color was the first test well on the lips, but Glitterteilchen have gone freelance after a short time and spread across my entire lower half of the face, which looked a bit strange. A pity because otherwise I like these pens good (I like "drier" eh like lipsticks), but as the glitter over the entire face and even spread to the teeth lost, I can not use the pins: (Maybe. there is still a way to the glitter on his lips "hold".

So, that was my loot from the new range of P2, I hope you enjoyed it:)

pictures from the bar and all new nail polish there is in inside and outside , a blog that I like the way, very happy and often read.

I would be very interested in what you think of the new P2 range (especially the paint):)

Greetings!

Ninea

Kidde Smoke Alarm Beeps Every 30 Seconds

Nächste Rechtsprechungs-Seminare - Nähere Infos in der NJW

Fokus Familienrecht ist die tägliche Schnell-Information für den Familienrechtler. Wer in die Tiefe gehen und zugleich ein Seminar nach § 15 FAO absolvieren möchte: Wir bieten in diesem Jahr in Zusammenarbeit mit der GJI Gesellschaft für Juristen-Information GmbH insgesamt 12 Mal das Seminar "PRAXISREPORT FAMILIENRECHT" an.
Was hier in diesem Blog nur kurz angerissen werden kann, wird im Seminar gründlich erläutert. Sie erhalten in vier Seminarstunden ( Bestätigung according to § 15 a FAO incl) a solid overview of what has happened in recent months important in the family law jurisdiction.
A detailed seminar script included CD-ROM with links to all the rulings and regulations ensures that you can processes the information seminar for the lawyer's life perfectly to take home.

Details on the seminar can be found in NJW Today, 9 / 2011, p. 29 on the sides of the Gji and here in this blog.

(C) Photo: alex on the www.pixelio.de

Random Facts On Cystic Fibrosis

Sorgerechtsverfahren - Wann erhöht sich der Streitwert auf mehr als 3.000,00 €?

The rule claims in custody matters amounts to € 3,000.00. However, it can be increased if more extensive or difficult procedures. When this is the case, now has the OLG Celle in more detail.
In its decision of 11.02.2011, Az = 10 WF 399/10 BeckRS 2011, 03 426, the court comes to the conclusion that an increase is the object of value to € 5,000.00 justified in any case where the court a written Expert opinion has recovered and the parties were subject to the procedure in more than one event (separate child's hearing before the outside) is a member.

The increase is based on § 45 III FamGKG. It must be substantially in accordance with the Higher Regional Court of effort from a "normal custody case" deviate and run normally in dispute must be measured by the amount of work to be "unreasonably low" fees. But this is under the above conditions "appear regularly.

With all due respect: Each of us knows how much effort to make custody proceedings. "Computing" is happening not. The effort is regularly out of proportion to income.

Info for the attorney fees, understandably, not so familiar family judge:

net fees of the lawyer at 3000.00, compare and VKH: 661.50
net fees of the lawyer at 5,000.00, compared and VKH: 766,50
Mehrverdienst des Advokaten:                                                    105.00

a master lesson in a motor vehicle repair shop costs more.

Focus family law quick info on the ruling (click to enlarge):

this post as a pdf download .

Baby Shower Invite Wording Gift Card Shower

comparisons of the new Catrice coatings: Forget Me Not, Up In The Air and wizards gold.

all new to the Catrice finds her range paints HERE.
all new to the Essence is the range of paints HERE.


In recent days I asked to show comparisons between different new Catricelacken and other coatings. The first three questions I want answered with this post.

. Resistance asked me at Essence Beauty Friends Forum to make a comparison between the 110 Poison Me, Poison You (from the old range) and 380 Forget Me Not (from the new range).

click to enlarge the images.

Links: 110 - Poison Me, Poison You / Right: 380 - Forget Me Not

Links: 110 - Poison Me, Poison You / Right: 380 - Forget Me Not

Links: 110 - Poison Me, Poison You / Right: 380 - Forget Me Not

Links: 380 - Forget Me Not / law. 110 - Poison Me, Poison You

2 layers without topcoat

Links: 380 - Forget Me Not / law. 110 - Poison Me, Poison You

2 layers without topcoat

Conclusion: Both paints are not dupes and also by Finish and color not like her. 380 - Forget Me Not is a purple glitter paint, the purple one Blue has steering. The paint itself is fantastic anyway, I'll post in a few days carrying pictures. In any case, he has a totally gaudy color and works by Glitterteilchen almost a little metal on your fingers. The 110 - Poison Me, Poison You also has its qualities and is one of my favorites of Catrice. His Purple Red wine is more likely to enter, but it does not contain glitter Schimmerteilchen and thus has a shimmer finish.


For me there is no question that it pays to buy both coatings, as they differ from each other and look pretty great, both in their own way!


The love Chinda-Chan (Check out her great blog: http://goettinderfinsternis.blogspot.com/ ) would like a comparison between the old version of 300 - Be My Millionaire and Tippainter LE from the Wonderland, the Wizard see Gold .

Links: 300 - Be My Millionaire (old version) / Right: Wizardgold Tippainter (Wonderland LE).

Links: 300 - Be My Millionaire (old version) / Right: Wizardgold Tippainter (Wonderland LE).

Links: 300 - Be My Millionaire (old version) / Right: Wizardgold Tippainter (Wonderland LE). .

2 layers without topcoat

Links: 300 - Be My Millionaire (old version) / Right: Wizardgold Tippainter (Wonderland LE).

2 layers without topcoat

Conclusion. It's pretty hard to paint with a Tippainter the fingers halfway normal:) That was also my first try, and really great it has not grown. If you ignore this fact, one can easily see both the coatings from the color of her are very, very similar. The difference is here, in any case, the Finish: 300 - Be My Millionaire (old version) has a shimmer finish, Tippainter Wizardgold contains In addition, many small gold Glitterteilchen that help him to a glitter finish.


Here are worth the investment for me both coatings. The old 300 - Be My Millionaire me with its shimmering quality gold color anyway always liked, and to have such a color with Glitterteilchen and a narrow brush for nail art is also great:)

Finally has a anonymous reader the comparison between the China Glaze - Up In The Air desired - Secret Peri-Wink-Le and 530th I had already spoken in Catrice post by a color similarity of the two coatings, but see for yourself:

Links: China Glaze - Secret Peri-Wink-Le / Right: 530 - Up In The Air

Please not surprise or scare: The China Glaze is already a bit in the display case, therefore, has put up on the edge of something sold by a blue substance. Unfortunately, I've noticed too late, otherwise I would have previously shaken again. Please ignore it. :)

Links: China Glaze - Secret Peri-Wink-Le / Right: 530 - Up In The Air

Links: China Glaze - Secret Peri-Wink-Le / law : 530 - Up In The Air

2 layers without topcoat.

Links: China Glaze - Secret Peri-Wink-Le / Right: 530 - Up In The Air

2 layers without topcoat .

Conclusion: Well, like they are already, but not so similar as I had first thought. I also have another statement to correct me: Even though it was on the Nagelrad seems, is on hand Watch easy to see the two layers at 530 - Are Up In The Air but not sufficient for complete coverage (the Secret Peri-Wink-Le but not). Both therefore require three layers to cover the nail really well (when enlarging the photos you see some areas where the paint is not applied evenly - this is me but only on the photos noticed).

Anyway: Both coatings have a decent amount of gray and have therefore reduced (which I think is great), the China Glaze is clearly purple, while the Catrice has a bluer impact. The difference is not huge, but well enough. Both have a creamy finish, both are brilliant (even if the Catrice the Swatch pictures somehow is dull), both are subdued and not garish, but still much too different than they could even remotely be dupes (at least in my perception).

And once again I can only say: For me both colors are great (even if they are not as similar as I thought at first) and I'm glad to have both. I love the muted colors (on the other hand, I also love bright colors, Hololacke, duochrome paint, neon paint, magnetic paint, actually, I love almost all paints ... hmmmmm - this statement makes little sense ... no matter:)) and can not at all enough variants out of it. If that is not taken very seriously and who reaches a paint of this kind, for the might of his Up In The Air is a good replacement for the Secret Peri-Wink-Le.

So, I hope, could you compare it to this and do something with your questions were answered:) Further comparisons need to wants to wait, because now I want to catch the first report on the Anny and hand-paints Watches (I do out of sheer nail lacquers new wheels assumed sniff *) show of my new favorite paint in recent weeks. Oh, and so many new readers but cry out for a competition, what I really wanted to do when I have reached a total of 50 readers. The draw will take some time but because I first have to get even more great prizes.

D

Greetings!

Ninea

I Got A Pedicure And My Toe Hurts

Gerichtskosten im Scheidungsverfahren - kein Ausgleich, wenn der Antragsgegner VKH hat

A common constellation, the man filed for divorce and will pay a two-court charges. The woman gets legal aid and court costs is thus free to § 76 FamFG conjunction with § 122 I 1 ZPO .
After the divorce will again have the man in the way of compensation for court costs, half of its paid-in advance of his wife. The contradicts the OLG Stuttgart.

In its decision of 02.07.2011 - 8 WF 7 / 11 there notes that precludes the granting of legal aid the implementation of the compensation court costs. Instead, the applicant may request the which it is entitled to his ex-wife legal fees from the state treasury. This is so even Constitutional Court NJW 1999, 3186 = FamRZ 2000, 474 decided 122

"It goes against the general principle of equality, although we must pay for legal help an impecunious plaintiff in any case, court costs, not to the state treasury (§ ZPO) or to the defendant because it because of the temporary exemption from court fees to court costs decision (§ 122 II ZPO) have no right to reimbursement under § 123 ZPO against him, a penniless inferior Defendant, however, is the prevailing plaintiff a strong obligation to reimburse up to the decision on costs of this vorauslagten court costs. "

§ 2 V p. 2 GKG be interpreted so that the depositing claimant had a back Tatung claims on the Treasury § 2 III FamGKG has the identical words used. must therefore be subject to the interpretation for the current legal situation.

focus on the legal family law Accelerator (to enlarge ) Button. Download

this post pdf .

Gerber Grins And Giggles Baby Wash

OLG Celle - ein Anwalt muss schon aus Fairness-Gründen beigeordnet werden, wenn das Gericht über den VKH-Antrag nicht rechtzeitig entschieden hat.

run a process must be fair. This also means the OLG Celle, that in the last year - was distinguished by its restrictive decisions by lawyers, for appointment of § 78 II FamFG - urrent against the jurisprudence of the Supreme Court a . It has ordered the appointment of a prosecutor in a trial at which they consider it really would not have been nowendig.
Contrary § 78 II FamFG must follow the decision of the OLG Celle 18.02.2011, Az = 10 WF 53/11 BeckRS 2011,04031 ein Anwalt beigeordnet werden, wenn das Gericht einen ordnungsgemäßen und mit vollständigen Anlagen versehenen Verfahrenskostenhilfe-Antrag vorliegen, über diesen aber bis zum Termin noch nicht entschieden hatte. In diesem Falle gebietet nach der Ansicht des OLG es die Fairness, die Beiordnung nicht mehr zu verweigern, auch wenn ihre Voraussetzungen eigentlich nicht vorliegen. Denn der Antragsteller hat sich offensichtlich darauf verlassen, dass ihm der Anwalt beigeordnet wird. Und deshalb ist er auch mit Anwalt zum Termin erschienen. Würde man in dieser Situation die Beiordnung verweigern, wäre der Antragsteller praktisch ins offene Messer gelaufen, weil das Gericht ihn nicht spätestens mit der Terminsladung auf Bedenken attention regarding the appointment of added - and this must not happen.

This Entscheiduntg relieve the worst effects of the essentially fiscally oriented Court of Appeals in Celle and some other Court of Appeals that granted to protect the state treasury in the cases of § 78 II FamFG Although legal aid, lawyers, but officers from among only in exceptional cases . That this law as extreme as it is handled is not consistent with the rule of law, the Supreme Court has already ruled . Nevertheless, the OLG Celle has in this decision again signaled they intend to adhere to it in essence.

Focus Family Law Quick Note to the decision (click to enlarge): Download

this post pdf .

How Long Does The Cat Allergy Lasts

EU-Kommission beschließt Agenda für Kinder-Schutzrechte

The child protection should be improved to eurpopäischer level. There are now from the relevant EU Commission Agenda of 02/15/2011 .

In essence, it provides for:

• Better protection of victims, as children are particularly vulnerable
• Better training of caregivers and authorities
• child-friendly courts and judicial proceedings
• integration of the Roma
• introduction of a hotline for reporting missing Children
• Better protection against cyber-bullying or cyber-bullying
• website with information on child rights
• fight against violence against children

The agenda is driving the commitment of the EU in the Lisbon agreements to promote the protection of children forward. It can serve as a kind of standard for what is expected of public authorities and institutions actually in reference to the rights of children.