by Johannes Fiala, lawyer The Higher Regional Courts of Celle (ruling of 15.08.2002) and Stuttgart (ruling of 27.11.2002) have continued the line of the BGH: If a distributor does not inform about negative press reports, this means a breach of duty and full liability for the possible losses of the investor in the future. Precarious: […]
A must read for advisors, agents, brokers, employees of distribution companies, employees of insurance companies, partners and employees of credit institutions. Intermediary liability: The early death of the investment advisor through bankruptcy due to incorrect investment advice! New market development trends: The banking and investment scene is in a state of upheaval. The […]
Investment law: Ask at the right time The investor protector Heinz Gerlach (*1945, +2010) once said that the typical investor at the regulars’ table only has three questions: First question: The investor waves various prospectus documents and asks “Is that something?”Second question: “And what’s the best?”Third question (usually after months or years): “What is the […]
Diversification: How to safeguard assets in the long term For those who handle their assets responsibly, risk diversification is a must. Not only since the financial crisis of 2008, the real estate crisis or the last oil crisis, we are aware that our assets and savings in the savings account are not necessarily safe. World […]
Inflation and its prospects Things look bleak, and not just at the supermarket checkout and gas station. With a current inflation rate of over 7.3%, we can practically watch our hard-saved wealth shrink. What was a small luxury yesterday can be prohibitively expensive today. After more than two years of a pandemic, a European conflict […]
Banking law: errors in advice, credit traps and more As a lawyer for banking law, I know that a bank has been part of our daily life since our earliest childhood. Just remember your first savings book, which you probably got at primary school from the nice savings bank advisor next door. We withdraw money, […]
In its ruling of 4 July 2018, the Federal Court of Justice (BGH, Ref. IV ZR 200/16) ruled „The so-called pre-enforcement clause in § 4 (4) (a) of the German Commercial Code 3 letter a) of the General Conditions for Legal Expenses Insurance (ARB 2008) is not transparent.“, and therefore invalid, § 307 I 2 […]
How do banks and insurance companies finance usuriously overpriced real estate? Scrap real estate is a topic for up to more than two million affected investors. The Investors’ Council says: “Only invest in investments that you understand yourself”. This applies to the timing of investments and the ongoing monitoring of capital investments. More often, experts […]
The Regional Court of Stuttgart (Stuttgart Regional Court, ruling of 20 December 2017, file no. 16 O 157/17) ordered an insurer (VR) to pay the policyholder (VN) of a life insurance policy (KLV) the “valuation reserves (profit participation) that were eliminated as of the reporting date 1 November 2014”. The contract for the KLV […]
– What is the effect of private expert opinions in criminal defence and civil lawsuits? – The Chemnitz Regional Court (decision of 3 July 2018, file no. 2 Qs 241/18) decided – after an acquittal – that the costs of an anthropological expert opinion must also be reimbursed by the state treasury at the […]
