Some myths are even passed down through generations. One area in which this phenomenon is widespread is the administration of justice. The fatal thing is that half-truths can have very annoying consequences. Apart from the embarrassing situation in which you insist for hours on your supposed right and in the end everything is completely different.
An example: You go shopping and discover a detergent in the supermarket. It costs half as much as in the drugstore. You think: Wow, what a bargain, and load several packets into your shopping cart. The joy is great. But when you get to the checkout, the nice lady at the conveyor belt charges you the regular price. You frown and point to the red price sticker. You feel you are in the right and insist on the excellent price. The store manager has to come. He explains that the detergent will not be sold at this price.
You are angry and swear never to store in this store again and complain. At home, you look it up. And realize that you were wrong. What a bummer! Here are the 20 most common legal myths.

1. parents are liable for their children

According to the law (BGB § 832), parents have a parental duty of supervision. If they violate this duty, they can be held accountable for their own misconduct. Even then, however, parents are not always liable. The Munich District Court ruled that it is permissible to allow a seven-year-old child to ride a bicycle near the home without constantly supervising it.
Munich Local Court, Ref.: 322 C 3629/07

2. transfers can be canceled within six weeks

This is not true. Because: Anyone who places a transfer with their bank concludes a contract with the bank. And this can only be canceled before it has been received by the recipient's bank. In other words: if you don't act very quickly, there's nothing you can do. However, the situation is different with direct debit authorizations. These can actually be retrieved by the recipient within six weeks.

3 I am not obliged to have sex in marriage

It's hard to believe, but this is actually a misconception. The law (BGB § 1353) states that married couples are obliged to "cohabit". Although this does not literally mean that we are obliged to have sex, some courts have already made it clear that this wording also refers to sexual intercourse. However, sexual intercourse is not enforceable. Well, at least!

4. reduced goods are excluded from exchange

Wrong. The important thing, as with any other product, is that it is in perfect condition. However, if the product has a defect and this was not pointed out before the purchase, the customer also has the right to exchange the item. However, if the defectiveness of the part is already pointed out in the store, a complaint is actually excluded. So: Keep your eyes open when buying!

5 I can cancel any purchase within two weeks

This legal misconception is still widespread. But the rule really is: contracts are binding. And this also applies to sales contracts that I enter into in a store. In some special cases, however, the legislator grants the buyer a right of withdrawal. This is the case, for example, with contracts concluded by post, telephone or online. The two-week withdrawal period applies here.

6 Contracts must be concluded in writing in order to be valid

A contract is only valid if it has been concluded in writing? Wrong! The truth is that the legislator assumes that contracts do not require any special form. In plain language, this means that contracts concluded with a handshake or over the phone are also legally valid. However, it is much more practical to put contracts in writing in everyday life. Because then you can prove that you have reached an agreement and on what terms.

7 The last one to pay

A nice evening with friends in a restaurant. Everyone pays for themselves and leaves. But at the end, there are still two items on the bill that have not been paid. Does the last person in the group have to pay? Only if the landlord can prove exactly who ordered which dishes and drinks. However, if he has noted all the orders on just one receipt, this is no longer possible. And so, unfortunately, he is left with the missing amount.

8 Whoever drives up is to blame

This is not quite true. In fact, it is always the person who demands money from someone else in court who has the burden of proof. This means that the rear-end driver must prove that the driver in front of them is at fault for the accident. And: In rear-end collisions, judges like to initially assume that the person driving up was the cause of the accident. And this assumption must then be refuted in court.

9. children must be home by 10 p.m.

For some reason, there is a persistent rumor that children are not allowed to be out after 10 pm. But this information is completely false. The Youth Protection Act (§ 4 and 5) does not actually prohibit children from going out after 10 pm. It would theoretically be possible for a child to still be hanging around the station at three o'clock in the morning during the week. The only thing that children are really forbidden to do is to spend time in places that are harmful to minors, such as pubs or discos.

10. spouses are liable for their partner's debts

This does not apply across the board. The fact that you are married does not mean that you are liable. And: Anyone who has not explicitly co-signed for their partner's debts is not liable either. The situation is different for joint contracts and so-called transactions "to adequately cover the family's living expenses". These include, for example, groceries, school books or a joint telephone contract. The partner can also be prosecuted here.

11. the price that is written on the label applies

The vast majority believe that the price marked on a product also applies at the checkout. Unfortunately, this is not the case. The price tag is not a binding offer. This is only made when the customer takes the product to the checkout and wants to buy the goods at the suggested price. The seller now has the option of rejecting the customer's purchase offer and demanding the correct, but not excellent, price for the product.
OLG Koblenz, Ref.: 4 U 1113/05

12. the return is only valid in original packaging and with receipt

This is not quite correct. If you want to complain about the goods because they have a defect, you can actually do this without the original packaging. A receipt is helpful here. However, this is only because you can prove that you bought the faulty goods in this store. In fact, you don't even need a receipt if a witness can confirm the purchase. Retailers can only ask for the original packaging and receipt if you want to return and exchange faultless products. This is usually done as a gesture of goodwill on the part of the store in question and is not your right.

13 Cancellations must be justified

Wrong. An employer does not have to give reasons for dismissal. However, he is obliged to inform his former employee of the reason following a request. This allows the employee to check whether the dismissal was lawful. In most cases, however, superiors only provide this information in the context of an action for unfair dismissal in court. Caution: Different rules apply to pregnant women and trainees. Here, the dismissal is really only effective with a reason.

14. a notice in the stairwell is enough to postpone the night's rest for the party

Wrong! The night's rest begins at 10 pm. And it cannot be extended with a notice in the stairwell. From 10 p.m. onwards, room volume applies. Nothing may be heard outside your own home. Anyone who does not comply with this can even be fined. You must also be considerate of your neighbors when celebrating New Year's Eve or a wedding. If you want to celebrate a little longer and louder, you should simply talk to your neighbors about it beforehand.

15 Refuse to testify in court during a trial

Of course you can refuse to testify, many people believe. And they are wrong. Only close relatives of a defendant have the right to refuse to testify. Or if you would incriminate yourself.

16. dogs and cats can always be kept in the rented apartment

By law, your landlord may not generally exclude the keeping of four-legged friends in the tenancy agreement. However, it must be considered on a case-by-case basis whether a pet is a nuisance to neighbors, for example. In any case, you must inform the landlord in advance.

17 You are not allowed to shower at any time of the day or night

Not true! This is a bitter pill to swallow as a neighbor in an apartment building: Tenants are allowed to shower around the clock, even if it causes a noise nuisance. The only guideline: cleaning should be completed after a maximum of 30 minutes.

18. in the supermarket you can taste the fruit on the stand

No. Most supermarkets are accommodating, but it is always better to ask beforehand. Because legally speaking, it is actually theft.

19. you have to accept new flooring in a rented apartment just like that

No, at least not against the tenant's will. Replacing an old floor covering is merely a so-called maintenance measure. The landlord may not significantly change the apartment in this respect. If the tenant insists, the landlord must have a new carpet laid that is comparable to the old one in terms of color, type and quality. This also applies if the type of floor covering was not specified in the rental agreement. After all, this is how the tenant rented the apartment.

20. the washing machine must not run at night in an apartment building

Wrong! It's the same here as with showers: Washing machines or tumble dryers may also run at night. However, they must be quiet, state-of-the-art appliances. Courts have ruled that they may even be switched on on Sundays and public holidays if they do not cause a disturbance.