Asset manager liability: What you need to know Those who are wealthy or come to assets are not necessarily also experts in the field of money investmentor asset management. For this reason, in order to maintain the preservation of their own property and to increase the long term visibility of future, many investors use the […]
Household management damage, mobbing damage and maintenance: When benefits are tax-free – something often overlooked by consultants. Anyone who is reduced in earning capacity as a result of a third-party-induced damage to health receives compensation for this, which is taxable as it replaces earned income. However, for the reduced ability to carry out unpaid […]
The Federal Court of Justice (BGH, ruling of 09.02.2018, ref. V ZR 311/16) decided that a property owner who has a craftsman carry out repair work on the house is responsible – i.e. liable – to the neighbour. In the present case, the house had burned down after roofing work due to an embers nest […]
– How the 2002 reform of the law of obligations will relieve the judiciary – New era in the limitation period for damages In the normal case of investment advice or asset management, the statute of limitations begins with the investor’s knowledge of the person who caused the damage and of the damage. If […]
Banks “cashing in on the back end” by kick-backs in the billions: years of violating objective criminal law to protect bank customers’ assets? The Federal Supreme Court (BGH) has put an end to the discussion of so-called experts for capital investment law by its decision (Ref. XI ZR 308/09) of 29 June 2010. Since two […]
Gross negligence on the part of the investor leads to the application of a 3-year limitation period Since the reform of the law of obligations, with effect from 01.01.2002, it is again and again controversial, after which periods the Verjährung of adhesion claims is aligned. Now the regional court Mannheim (Az. 8 O 353/06) by […]
by RA Dr. Johannes Fiala* and Dipl.-Math. Peter A. Schramm** The Federal Court of Justice has ruled: brokered life insurance policies must meet the customer’s needs and capabilities! Endowment life insurance a legal scam? Already since the judgement of 3.6.1983 (Az. 74 O 47/83) of the regional court Hamburg the evaluation of the capital life […]
The regional court Mannheim rejected by its judgement of 07.03.2007 the complaint of an investor, who as can be prove in the year 1996 a folder had been handed over. The prospectus had listed the main risks. RA Diplom-Jurist Thomas Keppel, Kanzlei Dr. Johannes Fiala, Munich, www.fiala.de won the judgement. He comments on the legal […]
Gross negligence on the part of the investor leads to the application of a 3-year limitation period Since the reform of the law of obligations, with effect from 01.01.2002, it is again and again controversial, after which periods the Verjährung of adhesion claims is aligned. Now the regional court Mannheim (Az. 8 O 353/06) by […]
On November 16, 2001, DWS lost its second lawsuit: He had been sued by a disappointed investor. On the stock exchange newcomer AWD up to 70% of the investment volume from approximately 14,000 mediated business come as adhesion potential ? plus legal costs and interest from lost investment income (around 6% p.a. is usual). This […]
