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European Politico-economics QA Mega-thread - Page 303

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Although this thread does not function under the same strict guidelines as the USPMT, it is still a general practice on TL to provide a source with an explanation on why it is relevant and what purpose it adds to the discussion. Failure to do so will result in a mod action.
dismiss
Profile Blog Joined March 2009
United Kingdom3341 Posts
September 24 2015 22:46 GMT
#6041
Rofl, that's just begging for them to get the shit sued out of them. Tenant rights are really strong in Germany.
Failure to improve posting standards will result in a lengthy ban. I <crms_> !dumb <GeoffAnderson> crmsdota <crms_> damnit
m4ini
Profile Joined February 2014
4215 Posts
Last Edited: 2015-09-24 22:54:48
September 24 2015 22:50 GMT
#6042
Assume so, yes. It actually is possible as a landlord to terminate contracts based on so called "Eigenbedarf" ("for own use") - but the council can't move in the house, since it's obviously not a person. That's (as i understand it) how it works. But who knows what law-twisters can make out of that.

But then again, who knows what kind of surprises we'll see. It took medias weeks to take up this story, which to me is outraging and rather interesting.
On track to MA1950A.
Paljas
Profile Joined October 2011
Germany6926 Posts
September 24 2015 23:00 GMT
#6043
Terminating actual contracts of private persons is unfortunate and pretty stupid.
However, people get their contract terminated all the time, without anyone caring. To make such a big deal out of it right now is pretty hypocritical.

Hamburg is now checking if they can confiscate empty officebuildings, Berlin is trying to get to private landlords, forcing them to take refugees.

Dont see anything wrong with this
TL+ Member
Sent.
Profile Joined June 2012
Poland9280 Posts
September 24 2015 23:04 GMT
#6044
I'd like to see a source in English but for now I'm convinced the article just twists facts and legal terms to make it look like the evil government is harassing poor people for no reason. It's too absurd to be true.
You're now breathing manually
m4ini
Profile Joined February 2014
4215 Posts
Last Edited: 2015-09-24 23:15:58
September 24 2015 23:08 GMT
#6045
On September 25 2015 08:00 Paljas wrote:
Terminating actual contracts of private persons is unfortunate and pretty stupid.
However, people get their contract terminated all the time, without anyone caring. To make such a big deal out of it right now is pretty hypocritical.


Of course, if someone doesn't pay his rent, the contract is terminated. That's because he or she didn't hold his end of the contract (and yes, that's pretty much the only way to get your contract terminated - if you fuck up, you got rights in germany as a tenant). In this case, the council decided it needs that appartment, and threw her out. Especially since it's not a private landlord who would need the appartment for his son or whatever - it's a council deciding that it's more important to house refugees than germans. And i don't know if googletranslate doesn't work for you (or if you even bothered to check) - the lady has serious trouble finding a new appartment because she has two dogs.

But yeah, no big deal.

Show nested quote +

Hamburg is now checking if they can confiscate empty officebuildings, Berlin is trying to get to private landlords, forcing them to take refugees.

Dont see anything wrong with this


Dude, you don't see anything wrong with your belongings confiscated by the government because apparently it wasn't forseeable that "everyone is welcome!" wasn't sustainable?

Troll.

If i own something, appartment, house, whatever, it's mine. If i decide to lower the value of the house/building/whatever (and that exactly is what happens), that's my choice. Not yours, and clearly not the governments.

I'd like to see a source in English but for now I'm convinced the article just twists facts and legal terms to make it look like the evil government is harassing poor people for no reason. It's too absurd to be true.


It's n24. A news agency, belonging to axel springer verlag. But to satisfy you, here.

http://www.spiegel.de/panorama/gesellschaft/fluechtlingskrise-darf-der-staat-privathaeuser-beschlagnahmen-a-1054572.html

Spiegel good enough, or need more?

edit

http://www.focus.de/immobilien/wohnen/sie-lebt-allein-auf-90-quadratmetern-bin-voellig-ueberrumpelt-nrw-stadt-nieheim-kuendigt-mieterin-wegen-fluechtlingen_id_4971014.html

Focus.de, i think i linked you enough sources - especially reliable ones, so if you come up with something that proves that they're twisting facts, i'll happily concede. Until then, i think it's safe to say that it's true.
On track to MA1950A.
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2015-09-24 23:17:24
September 24 2015 23:16 GMT
#6046
On September 25 2015 08:08 m4ini wrote:
Dude, you don't see anything wrong with your belongings confiscated by the government because apparently it wasn't forseeable that "everyone is welcome!" wasn't sustainable?

Troll.

If i own something, appartment, house, whatever, it's mine. If i decide to lower the value of the house/building/whatever (and that exactly is what happens), that's my choice. Not yours, and clearly not the governments.



Nope it's not. Have a look at our constitution, article 14:

(1) Property and the right of inheritance shall be guaranteed.Their content and limits shall be defined by the laws.

(2) Property entails obligations. Its use shall also serve the public good.

(3) Expropriation shall only be permissible for the public good.It may only be ordered by or pursuant to a law that determines
the nature and extent of compensation. Such compensation shall be determined by establishing an equitable
balance between the public interest and the interests of those affected. In case of dispute concerning the amount of
compensation, recourse may be had to the ordinary courts.
Paljas
Profile Joined October 2011
Germany6926 Posts
Last Edited: 2015-09-24 23:26:32
September 24 2015 23:21 GMT
#6047
On September 25 2015 08:08 m4ini wrote:
Show nested quote +
On September 25 2015 08:00 Paljas wrote:
Terminating actual contracts of private persons is unfortunate and pretty stupid.
However, people get their contract terminated all the time, without anyone caring. To make such a big deal out of it right now is pretty hypocritical.


Of course, if someone doesn't pay his rent, the contract is terminated. That's because he or she didn't hold his end of the contract. In this case, the council decided it needs that appartment, and threw her out. Especially since it's not a private landlord who would need the appartment for his son or whatever - it's a council deciding that it's more important to house refugees than germans. And i don't know if googletranslate doesn't work for you (or if you even bothered to check) - the lady has serious trouble finding a new appartment because she has two dogs.

But yeah, no big deal.
Show nested quote +
On September 25 2015 08:00 Paljas wrote:

Hamburg is now checking if they can confiscate empty officebuildings, Berlin is trying to get to private landlords, forcing them to take refugees.

Dont see anything wrong with this


Dude, you don't see anything wrong with your belongings confiscated by the government because apparently it wasn't forseeable that "everyone is welcome!" wasn't sustainable?

Troll.

If i own something, appartment, house, whatever, it's mine. If i decide to lower the value of the house/building/whatever (and that exactly is what happens), that's my choice. Not yours, and clearly not the governments.

Show nested quote +
I'd like to see a source in English but for now I'm convinced the article just twists facts and legal terms to make it look like the evil government is harassing poor people for no reason. It's too absurd to be true.


It's n24. A news agency, belonging to axel springer verlag. But to satisfy you, here.

http://www.spiegel.de/panorama/gesellschaft/fluechtlingskrise-darf-der-staat-privathaeuser-beschlagnahmen-a-1054572.html

Spiegel good enough, or need more?

As the "Germany" near my name suggests, I am acutally perfectly able to speak german, no need for google translator.

And yes, contracts get terminated for all kinds of reasons, including personal use, profit maximizing and many more. Like I said, this is case is, like all the others, a tragedy and I feel sad for this woman, but a sudden focus on this topic because refugees are involved is hypocritical.

You thoughts about property and the involvement of the goverment are not realistic and pretty naive. Governments usually take the property of their citizens, its called tax.

Also dude, you dont see anything wrong with denying people basic human needs because you are clinging to nonsensical property rights?

Troll

Using empty office buildings isnt bad and nobody is hurt. Of course, the situation could be solved more easily if our government didnt cut down on subsidized housing.
TL+ Member
Sent.
Profile Joined June 2012
Poland9280 Posts
September 24 2015 23:24 GMT
#6048
On September 25 2015 08:08 m4ini wrote:
Show nested quote +
On September 25 2015 08:00 Paljas wrote:
Terminating actual contracts of private persons is unfortunate and pretty stupid.
However, people get their contract terminated all the time, without anyone caring. To make such a big deal out of it right now is pretty hypocritical.


Of course, if someone doesn't pay his rent, the contract is terminated. That's because he or she didn't hold his end of the contract (and yes, that's pretty much the only way to get your contract terminated - if you fuck up, you got rights in germany as a tenant). In this case, the council decided it needs that appartment, and threw her out. Especially since it's not a private landlord who would need the appartment for his son or whatever - it's a council deciding that it's more important to house refugees than germans. And i don't know if googletranslate doesn't work for you (or if you even bothered to check) - the lady has serious trouble finding a new appartment because she has two dogs.

But yeah, no big deal.

Show nested quote +

Hamburg is now checking if they can confiscate empty officebuildings, Berlin is trying to get to private landlords, forcing them to take refugees.

Dont see anything wrong with this


Dude, you don't see anything wrong with your belongings confiscated by the government because apparently it wasn't forseeable that "everyone is welcome!" wasn't sustainable?

Troll.

If i own something, appartment, house, whatever, it's mine. If i decide to lower the value of the house/building/whatever (and that exactly is what happens), that's my choice. Not yours, and clearly not the governments.

Show nested quote +
I'd like to see a source in English but for now I'm convinced the article just twists facts and legal terms to make it look like the evil government is harassing poor people for no reason. It's too absurd to be true.


It's n24. A news agency, belonging to axel springer verlag. But to satisfy you, here.

http://www.spiegel.de/panorama/gesellschaft/fluechtlingskrise-darf-der-staat-privathaeuser-beschlagnahmen-a-1054572.html

Spiegel good enough, or need more?

edit

http://www.focus.de/immobilien/wohnen/sie-lebt-allein-auf-90-quadratmetern-bin-voellig-ueberrumpelt-nrw-stadt-nieheim-kuendigt-mieterin-wegen-fluechtlingen_id_4971014.html

Focus.de, i think i linked you enough sources - especially reliable ones, so if you come up with something that proves that they're twisting facts, i'll happily concede. Until then, i think it's safe to say that it's true.


I meant that I'd like to see something in a language I can understand so I could judge it on my own without gambling in google translate or having to rely on your translations.
You're now breathing manually
m4ini
Profile Joined February 2014
4215 Posts
Last Edited: 2015-09-24 23:44:42
September 24 2015 23:37 GMT
#6049
As the "Germany" near my name suggests, I am acutally perfectly able to speak german, no need for google translator.


I don't really pay attention to that, since it induces prejudice.


And yes, contracts get terminated for all kinds of reasons, including personal use, profit maximizing and many more. Like I said, this is case is, like all the others, a tragedy and I feel sad for this woman, but a sudden focus on this topic because refugees are involved is hypocritical.


Now as a landlord, you got me interested. Contracts SOMETIMES get terminated for personal use, yes. But there's a little bit more to it than just sending a termination letter, let me tell you. Profit maximizing, no. Doesn't work. Many more, feel free to state them, since it might help me in the forseeable future - apparently you're not really into renting stuff out, because you're apparently oblivious to how hard it actually is to get rid of a tenant. You might wanna read up on that.


You thoughts about property and the involvement of the goverment are not realistic and pretty naive. Governments usually take the property of their citizens, its called tax.


Yes and no. It's perspective. I'm not sure i wouldn't mind my house to be used for "public good", that's one thing. To be used/confiscated because the government screwed up majorly, and in return, them screwing with me by literally not just lowering the value of MY house, but any house in that vincinity - yes. I certainly do. And tax is kinda not comparable to confiscating your property, since you get nothing in return.


Also dude, you dont see anything wrong with denying people basic human needs because you are clinging to nonsensical property rights?


So apparently that rule doesn't work for the lady getting thrown out of the house? And again, yes and no. I do think that basic human needs should be comforted. But certainly not by me - and certainly not everyone who knocks at the door. If germanies government takes more refugees in than the government can accomodate: that's tough. How about instead of confiscating peoples stuff, send them to another country?


Troll

Using empty office buildings isnt bad and nobody is hurt. Of course, the situation could be solved more easily if our government didnt cut down on subsidized housing.



Using empty office buildings becomes a problem if the owner wants to start a new business in there.

(edit: that being said, if the owner can vow that he won't do that for the next couple of years, that's fine)

I actually don't really understand how people can argue that it's okay to basically disown people, and throw them on the streets to accomodate the too many refugees the country took in. I honestly don't.

I meant that I'd like to see something in a language I can understand so I could judge it on my own without gambling in google translate or having to rely on your translations.


Well, fair point. Sadly, couldn't find any english sources on that (yet) - but it took german medias forever to take that up too, so something might come up at some point.

edit:

http://andrewhammel.typepad.com/german_joys/2015/09/phase-iv-of-the-migrant-crisis-property-seizures.html

English, translated i think - but nothing twisted.

Love the reasoning btw: "couldn't use gyms or something, because that would affect lots of people - so we threw out a single lady and her two dogs". Wat.
On track to MA1950A.
dismiss
Profile Blog Joined March 2009
United Kingdom3341 Posts
September 24 2015 23:56 GMT
#6050
On September 25 2015 08:16 Nyxisto wrote:
Show nested quote +
On September 25 2015 08:08 m4ini wrote:
Dude, you don't see anything wrong with your belongings confiscated by the government because apparently it wasn't forseeable that "everyone is welcome!" wasn't sustainable?

Troll.

If i own something, appartment, house, whatever, it's mine. If i decide to lower the value of the house/building/whatever (and that exactly is what happens), that's my choice. Not yours, and clearly not the governments.



Nope it's not. Have a look at our constitution, article 14:

(1) Property and the right of inheritance shall be guaranteed.Their content and limits shall be defined by the laws.

(2) Property entails obligations. Its use shall also serve the public good.

(3) Expropriation shall only be permissible for the public good.It may only be ordered by or pursuant to a law that determines
the nature and extent of compensation. Such compensation shall be determined by establishing an equitable
balance between the public interest and the interests of those affected. In case of dispute concerning the amount of
compensation, recourse may be had to the ordinary courts.

Yeah, your understanding of the law is actually really flawed here.
These:
Baugesetzbuch (BauGB)
Bundesfernstraßengesetz (FStrG)
Landbeschaffungsgesetz (LBG)
Luftverkehrsgesetz (LuftVG)
Allgemeines Eisenbahngesetz (AEG)
Energiewirtschaftsgesetz (EnWG)
Bundeswasserstraßengesetz (WaStrG)
Landesenteignungsgesetze[4]
Landesstraßengesetze
Landeswassergesetze
Are the codes that specify when you are able to expropriate peoples stuff. Now I am not an expert on the matter but none of these are dealing with refugees, they're mostly for large scale construction projects. Certainly some random mayor declaring it just doesn't just make it so.
Failure to improve posting standards will result in a lengthy ban. I <crms_> !dumb <GeoffAnderson> crmsdota <crms_> damnit
Toadesstern
Profile Blog Joined October 2008
Germany16350 Posts
September 24 2015 23:56 GMT
#6051
That seems to be a single case and in general it's only allowed if the buildings are unused, there really are no other options and if the owner gets compensation.

The Spiegel article you linked yourself ends in:
Fälle wie dieser sind juristisch hoch umstritten. Haus-und-Grund-Geschäftsführer Warnecke geht davon aus, dass die Kommune vor Gericht kaum Chancen hätte. "Eine Kommune kann keinen Eigenbedarf anmelden." Außerdem halte er das Vorgehen des Bürgermeisters für "sozialpolitisch katastrophal". Man dürfe nicht damit beginnen, Mieter gegeneinander auszuspielen.

(roughtly: if someone were to sue, the city would not have a chance to win this as a city can't claim personal needs.)

That one case in particular obviously is a joke... as for the empty buildings: I don't see a problem with it either. It's at least implied that this is a temporal solution for winter, at least that's how I'm reading it. Furthermore if the owner does get a compensation and there's really no other way around it that's the least probelmatic thing to do imo.
<Elem> >toad in charge of judging lewdness <Elem> how bad can it be <Elem> also wew, that is actually p lewd.
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2015-09-24 23:59:15
September 24 2015 23:58 GMT
#6052
On September 25 2015 08:56 dismiss wrote:
Show nested quote +
On September 25 2015 08:16 Nyxisto wrote:
On September 25 2015 08:08 m4ini wrote:
Dude, you don't see anything wrong with your belongings confiscated by the government because apparently it wasn't forseeable that "everyone is welcome!" wasn't sustainable?

Troll.

If i own something, appartment, house, whatever, it's mine. If i decide to lower the value of the house/building/whatever (and that exactly is what happens), that's my choice. Not yours, and clearly not the governments.



Nope it's not. Have a look at our constitution, article 14:

(1) Property and the right of inheritance shall be guaranteed.Their content and limits shall be defined by the laws.

(2) Property entails obligations. Its use shall also serve the public good.

(3) Expropriation shall only be permissible for the public good.It may only be ordered by or pursuant to a law that determines
the nature and extent of compensation. Such compensation shall be determined by establishing an equitable
balance between the public interest and the interests of those affected. In case of dispute concerning the amount of
compensation, recourse may be had to the ordinary courts.

Yeah, your understanding of the law is actually really flawed here.
These:
Baugesetzbuch (BauGB)
Bundesfernstraßengesetz (FStrG)
Landbeschaffungsgesetz (LBG)
Luftverkehrsgesetz (LuftVG)
Allgemeines Eisenbahngesetz (AEG)
Energiewirtschaftsgesetz (EnWG)
Bundeswasserstraßengesetz (WaStrG)
Landesenteignungsgesetze[4]
Landesstraßengesetze
Landeswassergesetze
Are the codes that specify when you are able to expropriate peoples stuff. Now I am not an expert on the matter but none of these are dealing with refugees, they're mostly for large scale construction projects. Certainly some random mayor declaring it just doesn't just make it so.


There's nothing flawed about it. The bottom line here is that we have such a thing as a social contract, and part of it is that your property is not only your own but also serves the public needs. "I own my property, so I can do with it what I want" is not how German or for that matter pretty much any European society functions.
m4ini
Profile Joined February 2014
4215 Posts
Last Edited: 2015-09-25 00:06:18
September 25 2015 00:02 GMT
#6053
On September 25 2015 08:56 Toadesstern wrote:
That seems to be a single case and in general it's only allowed if the buildings are unused, there really are no other options and if the owner gets compensation.

The Spiegel article you linked yourself ends in:
Show nested quote +
Fälle wie dieser sind juristisch hoch umstritten. Haus-und-Grund-Geschäftsführer Warnecke geht davon aus, dass die Kommune vor Gericht kaum Chancen hätte. "Eine Kommune kann keinen Eigenbedarf anmelden." Außerdem halte er das Vorgehen des Bürgermeisters für "sozialpolitisch katastrophal". Man dürfe nicht damit beginnen, Mieter gegeneinander auszuspielen.

(roughtly: if someone were to sue, the city would not have a chance to win this as a city can't claim personal needs.)

That one case in particular obviously is a joke... as for the empty buildings: I don't see a problem with it either. It's at least implied that this is a temporal solution for winter, at least that's how I'm reading it. Furthermore if the owner does get a compensation and there's really no other way around it that's the least probelmatic thing to do imo.


I actually said that too.

Assume so, yes. It actually is possible as a landlord to terminate contracts based on so called "Eigenbedarf" ("for own use") - but the council can't move in the house, since it's obviously not a person. That's (as i understand it) how it works. But who knows what law-twisters can make out of that.


About compensation, it's really only eyecandy. Just ask yourself why the council/government doesn't rent a place/house whatever, but instead takes it and gives you "a fair amount of money". For winter: of course, if a office-building is empty, and it's for the winter, nobody would see a problem with it. But it's just not for a single winter. There's more refugees coming that need to be housed in some way - there's no place for them to go. And it's not my job (or any landlord for that matter) to iron out the shortsightedness of the government (which is a nice thing to say - in reality i'm pretty convinced they knew that beforehand) - it's their job. Rush and build new asylantenheime, i don't mind. But don't put it on the Laender/Kommunen/privateers.

"I own my property, so I can do with it what I want" is not how German or for that matter pretty much any European society functions.


No, i certainly can't. True. Neither can the government - especially not for stated reasons. It's not for "the public good". By that reason, the government would be able to disown literally everything and anything, by just claiming bullshit-reasons. Luckily, courts seem to see it the same way, that's why nobody did it yet. Because "for public good" is not a reason in this case.
On track to MA1950A.
cLutZ
Profile Joined November 2010
United States19574 Posts
September 25 2015 00:05 GMT
#6054
On September 25 2015 08:58 Nyxisto wrote:
Show nested quote +
On September 25 2015 08:56 dismiss wrote:
On September 25 2015 08:16 Nyxisto wrote:
On September 25 2015 08:08 m4ini wrote:
Dude, you don't see anything wrong with your belongings confiscated by the government because apparently it wasn't forseeable that "everyone is welcome!" wasn't sustainable?

Troll.

If i own something, appartment, house, whatever, it's mine. If i decide to lower the value of the house/building/whatever (and that exactly is what happens), that's my choice. Not yours, and clearly not the governments.



Nope it's not. Have a look at our constitution, article 14:

(1) Property and the right of inheritance shall be guaranteed.Their content and limits shall be defined by the laws.

(2) Property entails obligations. Its use shall also serve the public good.

(3) Expropriation shall only be permissible for the public good.It may only be ordered by or pursuant to a law that determines
the nature and extent of compensation. Such compensation shall be determined by establishing an equitable
balance between the public interest and the interests of those affected. In case of dispute concerning the amount of
compensation, recourse may be had to the ordinary courts.

Yeah, your understanding of the law is actually really flawed here.
These:
Baugesetzbuch (BauGB)
Bundesfernstraßengesetz (FStrG)
Landbeschaffungsgesetz (LBG)
Luftverkehrsgesetz (LuftVG)
Allgemeines Eisenbahngesetz (AEG)
Energiewirtschaftsgesetz (EnWG)
Bundeswasserstraßengesetz (WaStrG)
Landesenteignungsgesetze[4]
Landesstraßengesetze
Landeswassergesetze
Are the codes that specify when you are able to expropriate peoples stuff. Now I am not an expert on the matter but none of these are dealing with refugees, they're mostly for large scale construction projects. Certainly some random mayor declaring it just doesn't just make it so.


There's nothing flawed about it. The bottom line here is that we have such a thing as a social contract, and part of it is that your property is not only your own but also serves the public needs. "I own my property, so I can do with it what I want" is not how German or for that matter pretty much any European society functions.

Well, that's fine because the two are the same under a proper conception of the value of property.
Freeeeeeedom
Paljas
Profile Joined October 2011
Germany6926 Posts
Last Edited: 2015-09-25 00:08:39
September 25 2015 00:06 GMT
#6055
Now as a landlord, you got me interested. Contracts SOMETIMES get terminated for personal use, yes. But there's a little bit more to it than just sending a termination letter, let me tell you. Profit maximizing, no. Doesn't work. Many more, feel free to state them, since it might help me in the forseeable future - apparently you're not really into renting stuff out, because you're apparently oblivious to how hard it actually is to get rid of a tenant. You might wanna read up on that.

Dont worry, I know enough. You are right of course that contracts shouldn't be able to get terminated due to Profit or other reasons, but after all, thats just what the law says. It looks different in practice (I admit that my wording wasnt 100% clear on that one. Sorry).
http://www.abendzeitung-muenchen.de/inhalt.trend-zur-entmietung-vermieter-tricks-so-werden-mieter-rausgeekelt.f6067f4d-c27f-4efe-9aaf-9a5669371906.html
http://www.focus.de/immobilien/mieten/renoviert-und-rausgedraengt-vermieter-immer-dreister_aid_782505.html
I am also not sure why we are debating the case of the poor woman. We were in agreement that it's not acceptable.

You then decide to give no value to the right of the refugees for an accommodation and rate the possiblity of business opportunities higher. Unlike your average german person, refugees dont have the possibility to search for a flat on themself.

How about instead of confiscating peoples stuff, send them to another country?

To which country exactly? Syria?
TL+ Member
dismiss
Profile Blog Joined March 2009
United Kingdom3341 Posts
September 25 2015 00:08 GMT
#6056
On September 25 2015 08:58 Nyxisto wrote:
Show nested quote +
On September 25 2015 08:56 dismiss wrote:
On September 25 2015 08:16 Nyxisto wrote:
On September 25 2015 08:08 m4ini wrote:
Dude, you don't see anything wrong with your belongings confiscated by the government because apparently it wasn't forseeable that "everyone is welcome!" wasn't sustainable?

Troll.

If i own something, appartment, house, whatever, it's mine. If i decide to lower the value of the house/building/whatever (and that exactly is what happens), that's my choice. Not yours, and clearly not the governments.



Nope it's not. Have a look at our constitution, article 14:

(1) Property and the right of inheritance shall be guaranteed.Their content and limits shall be defined by the laws.

(2) Property entails obligations. Its use shall also serve the public good.

(3) Expropriation shall only be permissible for the public good.It may only be ordered by or pursuant to a law that determines
the nature and extent of compensation. Such compensation shall be determined by establishing an equitable
balance between the public interest and the interests of those affected. In case of dispute concerning the amount of
compensation, recourse may be had to the ordinary courts.

Yeah, your understanding of the law is actually really flawed here.
These:
Baugesetzbuch (BauGB)
Bundesfernstraßengesetz (FStrG)
Landbeschaffungsgesetz (LBG)
Luftverkehrsgesetz (LuftVG)
Allgemeines Eisenbahngesetz (AEG)
Energiewirtschaftsgesetz (EnWG)
Bundeswasserstraßengesetz (WaStrG)
Landesenteignungsgesetze[4]
Landesstraßengesetze
Landeswassergesetze
Are the codes that specify when you are able to expropriate peoples stuff. Now I am not an expert on the matter but none of these are dealing with refugees, they're mostly for large scale construction projects. Certainly some random mayor declaring it just doesn't just make it so.


There's nothing flawed about it. The bottom line here is that we have such a thing as a social contract, and part of it is that your property is not only your own but also serves the public needs. "I own my property, so I can do with it what I want" is not how German or for that matter pretty much any European society functions.

But it de facto does. Sure the Federal Republic in very rare cases and the states in a few more instances have the right to appropriate your belongings. However these cases are very limited, certainly not because some politician feels like it, and much less trivially eventuated by waving your hands and spouting something about the public good but rather stated precisely in the aforementioned codes.
Failure to improve posting standards will result in a lengthy ban. I <crms_> !dumb <GeoffAnderson> crmsdota <crms_> damnit
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2015-09-25 00:10:17
September 25 2015 00:09 GMT
#6057
Yes, in very rare cases. The case in question was such a case, people aren't getting thrown out of their apartments by the dozens or hundreds.
Paljas
Profile Joined October 2011
Germany6926 Posts
September 25 2015 00:11 GMT
#6058
What else is tax if not appropriation for the greater good?
Tax is not controversial, so why are people enraged when empty buildings are used as a temporary solution.
TL+ Member
m4ini
Profile Joined February 2014
4215 Posts
Last Edited: 2015-09-25 00:16:11
September 25 2015 00:14 GMT
#6059
On September 25 2015 09:06 Paljas wrote:
Show nested quote +
Now as a landlord, you got me interested. Contracts SOMETIMES get terminated for personal use, yes. But there's a little bit more to it than just sending a termination letter, let me tell you. Profit maximizing, no. Doesn't work. Many more, feel free to state them, since it might help me in the forseeable future - apparently you're not really into renting stuff out, because you're apparently oblivious to how hard it actually is to get rid of a tenant. You might wanna read up on that.

Dont worry, I know enough. You are right of course that contracts shouldn't be able to get terminated due to Profit or other reasons, but after all, thats just what the law says. It looks different in practice (I admit that my wording wasnt 100% clear on that one. Sorry).
http://www.abendzeitung-muenchen.de/inhalt.trend-zur-entmietung-vermieter-tricks-so-werden-mieter-rausgeekelt.f6067f4d-c27f-4efe-9aaf-9a5669371906.html
http://www.focus.de/immobilien/mieten/renoviert-und-rausgedraengt-vermieter-immer-dreister_aid_782505.html
I am also not sure why we are debating the case of the poor woman. We were in agreement that it's not acceptable.


Well. Okay. I thought you were talking about actual reasons, not straight up being criminal. Kinda weird to be called hypocritical because i think it's not okay to disown people, to then get argued against by stating "be a dick and do unlawful stuff and you get rid of your tenant, happens all the time."

I could also just shoot him, would get rid of him as well. Bit more drastic, but yeah. You get what i mean.


You then decide to give no value to the right of the refugees for an accommodation and rate the possiblity of business opportunities higher. Unlike your average german person, refugees dont have the possibility to search for a flat on themself.


No, i actually don't. As i said, if it is foreseeable that it's just a brief period (ie just to get through the winter), yeah okay. But it won't be. In fact it'll get even worse at the current rate, because we already can't house refugees decently - and we're still taking in hundreds and thousands a day. I mean, come on.

Show nested quote +

How about instead of confiscating peoples stuff, send them to another country?

To which country exactly? Syria?


Didn't know that germany was the only other country in the world next to syria. Apparently again i'm the only one thinking that it's retarded that basically germany and sweden take in the bulk of refugees.
On track to MA1950A.
Toadesstern
Profile Blog Joined October 2008
Germany16350 Posts
September 25 2015 00:15 GMT
#6060
On September 25 2015 09:02 m4ini wrote:
Show nested quote +
On September 25 2015 08:56 Toadesstern wrote:
That seems to be a single case and in general it's only allowed if the buildings are unused, there really are no other options and if the owner gets compensation.

The Spiegel article you linked yourself ends in:
Fälle wie dieser sind juristisch hoch umstritten. Haus-und-Grund-Geschäftsführer Warnecke geht davon aus, dass die Kommune vor Gericht kaum Chancen hätte. "Eine Kommune kann keinen Eigenbedarf anmelden." Außerdem halte er das Vorgehen des Bürgermeisters für "sozialpolitisch katastrophal". Man dürfe nicht damit beginnen, Mieter gegeneinander auszuspielen.

(roughtly: if someone were to sue, the city would not have a chance to win this as a city can't claim personal needs.)

That one case in particular obviously is a joke... as for the empty buildings: I don't see a problem with it either. It's at least implied that this is a temporal solution for winter, at least that's how I'm reading it. Furthermore if the owner does get a compensation and there's really no other way around it that's the least probelmatic thing to do imo.


I actually said that too.

Show nested quote +
Assume so, yes. It actually is possible as a landlord to terminate contracts based on so called "Eigenbedarf" ("for own use") - but the council can't move in the house, since it's obviously not a person. That's (as i understand it) how it works. But who knows what law-twisters can make out of that.


About compensation, it's really only eyecandy. Just ask yourself why the council/government doesn't rent a place/house whatever, but instead takes it and gives you "a fair amount of money". For winter: of course, if a office-building is empty, and it's for the winter, nobody would see a problem with it. But it's just not for a single winter. There's more refugees coming that need to be housed in some way - there's no place for them to go. And it's not my job (or any landlord for that matter) to iron out the shortsightedness of the government (which is a nice thing to say - in reality i'm pretty convinced they knew that beforehand) - it's their job. Rush and build new asylantenheime, i don't mind. But don't put it on the Laender/Kommunen/privateers.

Show nested quote +
"I own my property, so I can do with it what I want" is not how German or for that matter pretty much any European society functions.


No, i certainly can't. True. Neither can the government - especially not for stated reasons. It's not for "the public good". By that reason, the government would be able to disown literally everything and anything, by just claiming bullshit-reasons. Luckily, courts seem to see it the same way, that's why nobody did it yet. Because "for public good" is not a reason in this case.

For sure, if they don't build more houses in the future that's a problem but that's why I said I read it as temporary solution over this winter. If it's unchanged next year that's a huge issue but we're not there yet.

And again, that one case seems to be one single, highly sketchy case and not the norm.
<Elem> >toad in charge of judging lewdness <Elem> how bad can it be <Elem> also wew, that is actually p lewd.
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