Legal effects and legal consequences of certificates of representation of foundations with legal capacity

In the case of legal transactions, foundation boards are happy to rely on certificates of representation issued by the foundation supervisory authority as legitimation. The legal quality of such documents and the legal consequences and legal effects they entail are questionable. The following contribution is intended to show that the legal certainty sought by the […]

Independent experts and legal advisors to safeguard the enforcement of the law

– What insurance customers should pay particular attention to in the event of a claim? –   The European Court of Human Rights ruled (judgment of 02.02.2016, ref. 7186/09) that a technically incorrect calculation method discriminatorily understates the disability pension. Due to an incorrect approach, the degree of disability had been reduced from 50% to […]

Professional liability insurance for doctors and dentists

– LegalLegal regulation of medical liability through the Patients’ Rights Act (PatRG) since 26.02.2013 –   Up to more than 170,000 medical malpractice cases – without compulsory insurance? Experts estimate that there are up to more than 170,000 medical malpractice cases per year. Until the PatRG came into force, there was only case law on […]

Inheritance and pension law: Your lawyer for competent advice in Munich

Inheritance law: Advice and support on inheritance The subject of inheritance and bequeathing is as old as mankind itself and the subject Erbrecht is an extremely sensitive and complex area. Only a few people deal extensively with the subject of bequests during their lifetime and often leave their heirs more trouble than assets. Everybody knows […]

Invalidity of contracts, confiscation of assets and arrest in case of breach of penalties

Sanctions have been in fashion for centuries, and are being broken. The widow Barbe-Nicole Clicquot-Ponsardin, in reaction to Napoleon’s Russian campaign, was concerned with the embargo imposed by the Russian Tsar on French products in 1812. The widow hired a Dutch ship, had it loaded with over 10,000 bottles of the 1811 vintage, and was […]

Sanctions and their effects, Part 3

Lawyer Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm have in the third part even more examples of what effects sanctions can have.   Frequent tax evasion without sanctions-Deluxe   The BGH (judgement of 30.01.1970, file no. V ZR 139/68) denied – completely in the tradition of the Reich Court – foreign (camouflage) companies with […]

Permits for guardianship of minors, care and administration of the estate

Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]

Tax liability for gifts – or tax evasion deluxe

Pitfalls for donors, donees and authorities   What aspects and what legal situation are there to consider when making gifts? A gift to one’s own child, a parent’s foundation to support daycare facilities or such a facility itself can be an interesting option for tax optimization. In the case of gifts, no one is required […]

Compulsory insurance in accordance with the law

If children and spouses are insured in private health insurance, many of these insurances do not meet the requirements for compulsory insurance. The wording of the law requires that every person who is legally able to do so must himself conclude a contract in private health insurance that complies with the law, because § 193 […]

Building Block for Retirement Security: A Charitable Foundation

The situation is common: The end of working life is approaching. With current, quite respectable income, it has been possible to pay off the owner-occupied home and, in case of doubt, to cover the children’s education costs. In addition, they do not have a high level of cash assets, or cash assets that are perceived […]