Spiritual assistance

adminonJanuary 11, 2022January 5, 2022Leave a Comment

Spiritual encouragement at the start: At the opening of a new master's program for child protection at the Pontifical Gregorian University in Rome, Benedict XVI. pledged its support and prayers to the project.

He "supports the effort to advance the protection of minors in the Church as well as in society as a whole," the letter to the director of the Child Protection Center at the Pontifical Gregorian University, Hans Zollner, reads. The psychologist and theologian presented the letter of the pope emeritus at the opening ceremony in Rome on Friday.

Master's program on child protection opens at Pontifical University

At a ceremony marking the opening of the new master's program on Friday, Cardinal Reinhard Marx said that public prere from outside in particular was forcing the church to rethink its approach. In addition to looking at individuals responsible for abuse, scholars are increasingly looking at systemic factors that encourage abuse and cover-ups, Munich archbishop says.

In his opening speech, the chairman of the German Bishops' Conference emphasized that the church must face up to this challenge.

The "Safeguarding of Minors" program lasts four semesters and is interdisciplinary in nature. It is aimed at those who are responsible for child protection in the church sector worldwide. The new course of study is based at the Center for Child Protection (CCP) of the Gregorian University, directed by the German psychologist and theologian Hans Zollner.

According to Zollner, seven students are currently enrolled. The number is later to be increased to twelve. He said the university currently offers a total of 24 spots for the existing diploma program as well as the new master's program.

Child protection programs

Elizabeth Letourneau, a psychologist from the John Hopkins Bloomberg School of Public Health in Baltimore (USA), reported on child protection programs that her institute is working on with the CCP. Even if child protection from sexual abuse still seems unfamiliar to many today, he said, in a few years it will be as natural as other protective measures such as rubber gloves, seat belts or vaccinations for children.

The Child Protection Center was founded in January 2012 by the University Gregoriana together with the Archdiocese of Munich and Freising and the Department of Child and Adolescent Psychiatry and Psychotherapy of the University Hospital Ulm. After a three-year pilot phase until 2014, the institution's headquarters were moved from Munich to Rome.

Among other things, there is an e-learning program at the CCP that is used worldwide for training in various languages. The center now works with 56 partner institutions in 30 countries, Zollner said. In all these programs, he said, some 1,500 people responsible for child protection have now been trained.

Vitus Huonder © Georges Scherrer (KNA)

In Switzerland there is confusion about a decision of the Pope. This is because the latter did not accept the age-related request for resignation of the Bishop of Chur Vitus Huonder. So, everything continues as before with the Confederates?

Interviewer: Bishop Vitus Hounder is one of the more controversial bishops in the Catholic Church. The bishop of Chur in Switzerland has been urged to resign by social groups for years now. Two years ago he was denounced by a homosexual association in Switzerland for allegedly inciting violence against gays.

Vitus Hounder has now turned 75, retirement age for a bishop. But the pope has decided that the head of the diocese of Chur will remain in office for at least two more years. Leaving aside the political dimension, it is already a problem from an organizational point of view if you are prepared to have a new bishop and then he doesn't come after all.

Josef Annen (vicar general for the cantons of Zurich and Glarus, which belong to the diocese of Chur): I did not anticipate that the new boss would be at the door so quickly. But I am surprised that there has been such a quick response from the Pope to the request for resignation. Bishop Huonder is on 21. April 75 years old. Today we have the 4. May. So this answer must have been prepared for some time. It is one of the three possible options after the resignation of a bishop.

There is an extension until a certain date, there comes a diocesan administrator or there comes an apostolic administrator. Now the solution has been made that we already had with his predecessor. He also stayed two years longer. Then a bishop election has been held relatively quickly. So this is within the possibilities that are given.

Interviewer: Do you see a political significance in the decision?

Annen: I cannot interpret what all this means. I can only say that the apostolic nuncio in Switzerland has told us that an election will come quickly. Either already in autumn this year or then at the latest in spring 2018.

Interviewer: Now, what the apostolic administrator told the assembled priesthood just a few weeks ago is also not true. What does it mean?

Annen: It means that the succession of bishop Vitus is really carefully prepared. After Bishop Vitus we want a constructive personality who can create unity in the diocese again.

Interviewer: Bishop Huonder polarizes. It is said that he never succeeded in reconciling the conservative and liberal forces in the diocese of Chur. What does that mean for the diocese now – seen over the next two years??

Annen: The next two years will continue as it has been so far. That means I do not expect a new direction now. Of course, I do not know what is written in the letter of the Pope to Bishop Vitus. We don't know all that. He simply told us that he would remain in office for two more years and that the Pope's confidence pleased him very much. Everything else we do not know. That's just conjecture then.

The interview was conducted by Renardo Schlegelmilch.

The used car market is currently booming in germany. It is not unusual for customers to feel they have been hoodwinked by the salesperson. A fraudulent misrepresentation in the purchase of a car affects both the seller and the buyer.

But when does such a fraudulent misrepresentation exist?? Is the seller of a used car to be blamed for every fact that has been concealed?? And what does the evidence in the trial look like??

When is there fraudulent misrepresentation in the purchase of a car??

A car purchase is considered to be fraudulent if the seller intentionally deceives about a fact or conceals a fact.

Do you have questions about fraudulent misrepresentation when buying a car?

When selling a used car, it is regularly a question of concealing a defect.

fraudulent misrepresentation occurs when the seller knew or should have known of the defect.

It is also fraudulent to make a claim "out of the blue" without any factual basis.

This is the case, for example, in the case of concealed accident damage, when the seller of a used car assures the buyer that the vehicle is accident-free without having actual knowledge of this circumstance (BGH VIII ZR 209/05 from 07.06.2006).

According to case law, when is there fraudulent misrepresentation when buying a car??

In principle, however, a seller of a used car is under no obligation to provide information about all circumstances that could in any way influence a decision to buy (BGH, 26 June 2009).10.1988, NJW RR 89, 211).

However, the seller has a duty of disclosure if the vehicle has been involved in an accident or is otherwise known to have a defect (unlike in the case of "wear and tear"). Even if the seller considers a defect possible under the circumstances, he must disclose this to the buyer without being asked.

Otherwise, the seller is confronted with the accusation of fraudulent misrepresentation. A used car seller is only obligated to investigate possible accident damage if there is concrete evidence of it.

If a vehicle has been visibly repainted, the seller usually has to assume that the previous damage has been repaired and must carry out a visual inspection of the vehicle to determine whether there has been any accidental damage (OLG Karlsruhe 4 U 71/09 of 25 September 2009).10.2010).

If the seller is asked about accidental damage or other defects, he must answer these questions correctly and completely (BGH, 11 December 2009).06.1979, NJW 79, 1886).

Mere "minor damages" do not constitute facts subject to disclosure. Extremely minor, superficial paint damage is recognized as minor damage.

What are the consequences of fraudulent misrepresentation by the seller??

Most important for the buyer: fraudulent misrepresentation constitutes grounds for rescission. If the buyer challenges the purchase contract under § 123 BGB, the purchase contract becomes retroactively invalid. The buyer can then demand the return of the vehicle and the return of the purchase price.

In the event of fraudulent misrepresentation by the seller, the statute of limitations is one year after discovery of the misrepresentation by the buyer, § 124 abs. 2 S. 1 GERMAN CIVIL CODE.

If the buyer is aware of the defect at the time the contract is concluded, his warranty rights are generally excluded. The situation is different if the buyer was fraudulently deceived. Here, even the failure to recognize the defect due to gross negligence is harmless for the buyer.

Contractually agreed exclusion of liability clauses are invalid in the event of fraudulent misrepresentation (section 444 of the German Civil Code).

The seller, for his part, cannot exonerate himself from the legal presumption of fault. This results in the buyer being able to assert contractual claims for damages against it.

Who has to prove what?

The burden of proof is on the buyer. He must be able to show and prove that the seller has fraudulently concealed a defect. In the process, the seller must only then present, how the buyer has been informed.

If the buyer can not refute the seller’s claim, the fraudulent intent is not proven. In the case of a written purchase contract, the buyer is helped by the presumption of correctness and completeness.

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