LV: Opposition even without legal protection?

Revoking a life insurance policy is still a complicated matter. Some insurers will initially reject the revocation in a lump sum with text modules and in the second attempt simply acknowledge it with a remainder to customers and often pay the policyholder less than the surrender value. Well, I guess it’s good to have legal […]

Lawyer for banking law in Munich

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, […]

How to increase the number of organ donations:

And what price does the donor have to pay?   In Varanasi, on the banks of the holy Ganges, tourists wanted to attend a traditional cremation. To the relatives of the burning candidate who were standing around, it was said that he was already dead, and that he should now be placed on the pile […]

Insolvency risk of British life insurers when relocating to Ireland

– How can insured persons react to the increased risk of insolvency? –   Up to more than one million English life insurance policies (with-profit products) are to be transferred to Ireland. However, on closer inspection it is completely unnecessary to leave Great Britain (GB) for the existing policies.   Existing contracts need not be […]

External division of occupational pension rights

With regard to pension equalisation, there is currently (still) the possibility of “external splitting” of company pension schemes (bAV), for example in the event of divorce, Section 17 of the German Pension Equalisation Act (VersAusglG). Affected are direct commitments (also known as pension commitments) as well as rights against a relief fund. The beneficiary spouse […]

Optimize pension equalization – even during a current marriage

Company pension scheme: Dr. Johannes Fiala and Peter Schramm explain how a higher level of provision can be achieved with less effort in a guest article for procontra-online.de. With regard to pension equalisation, there is currently (still) the possibility of “external splitting” of company pension schemes (bAV), for example in the event of divorce, Section […]

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 […]

Employer bankruptcy- Company pension gone

Revocation is often also possible in the case of occupational pension schemes (bAV). It leads to immediate payment claims for employers, but also sometimes for employees and their creditors. This is bitter for the insurers, but the beneficiaries also often go away empty-handed.   Since a right of revocation still exists in large numbers today, […]

Insurance: Reversal, revocation and enforcement in the case of company pension schemes

Revocation is possible for life insurance policies (LV) for an eternal period. In the main, this may affect around 40% of life and pension insurance policies from the years 1995-2007 alone. This is based on rulings by the European Court of Justice (ECJ, ruling of 19 December 2013, Case C-209/12) and the Federal Court of […]

… at least potential for ways up to the constitutional court

… at least potential for ways up to the constitutional court dgd – Even if health minister Ulla Schmidt (SPD) wiegelt, doubt (not only right) politicians of the Union parliamentary group, the liberals and the Greens in the Bundestag further at the constitutionality of the health reform. Like other legal politicians of the CDU/CSU and […]