With its recent rulings, the Federal Court of Justice (BGH) has stipulated the introduction of minimum surrender values in the event of termination of endowment life insurance policies (VersicherungsJournal 13.10.2005). However, the judges were under a misapprehension about the calculation of the surrender value, say insurance experts Peter Schramm and lawyer Johannes Fiala. The Federal […]
Pursuant to § 7 Para. 1 of the German Insurance Contract Act (VVG 2008), insurance companies must inform their customers in text form of the “contractual provisions, including the general terms and conditions of insurance, as well as the information specified in a statutory instrument pursuant to Para. 2” before concluding a contract. This […]
Verification of the expense and interest statements of credit institutions The account termination Entrepreneur Joachim Müller (name changed), gets into economic distress when his bank terminates the business relationship by giving notice and makes all loans (about EUR 500,000) due. Müller does not give up. He gets a tip from his financial services provider: […]
Financial product distributors are increasingly promoting working time accounts and the models of partial retirement. The financial intermediaries are mostly concerned with commissions: Few brokers are aware of the civil and criminal liability risks. A time value account is not an implementation method of the company pension scheme. Rather, it is a matter of a […]
Time value accounts and the models of partial retirement are paid by the Financial sales increasingly advertised. The financial intermediaries it’s mostly about commissions: The fewest intermediaries know about the civil and criminal law Liability risks for fiscal Consultants and the management the employer. In order to create an implementation channel for the company pension […]
Johannes Fiala Press Release No. 2/2005 *by Peter Schramm, expert and Johannes Fiala, lawyer Two decisions from 2005 will massively change the contracts of life insurers and the settlement practice in the future in favour of consumers: These are the BGH rulings of 12.10.2005 (Ref. IV ZR 162/03, 177/03, 245/03) and the Constitutional Court with […]
by RA, Bankkaufmann Rüdiger Wilhem Lohkamp and RA, Bankkaufmann Johannes Fiala – Kanzlei Fiala, Freiesleben & Weber – RA, PA, StB & WP (Munich), www.fiala.de Examination of the plausibility: Mediation obligation also with the customer at the Front: The Federal Court of Justice has clarified, among other things, in its judgement of 13.01.2000, NJW-RR 1993, […]
*by Johannes Fiala (Munich), attorney (www.fiala.de), and Peter A. Schramm (Diethardt), actuarial expert (www.pkv-gutachter.de) No company pension scheme This is not a way of implementing a company pension scheme. Rather, it is a matter of a “gross saving” by the employee, whereby an “incident” can occur at any time, which then triggers a payment as […]
DSWR (Issue 4, 2006, pp. 98-100) *by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), banker (www.fiala.de) On the risks for finance , tax advisors and employers Time value accounts and the models of partial retirement are increasingly advertised by financial sales. The financial intermediaries are […]
by lawyer, banker Rüdiger Wilhem Lohkamp and lawyer, banker Johannes Fiala ? Law firm Fiala, Freiesleben & Weber ? RA, PA, StB & WP (Munich), www.fiala.de Plausibility check: mediator’s duty also at the customer’s front: The Federal Supreme Court clarified among other things in its judgement of 13.01.2000, NJW-RR 1993, 1114 that a mediator ?regardless […]
