Reversal of closed participations and life insurances through rescission, revocation and termination?

– How capital investors can be deceived systematically also by “money back! order” –   Current BGH ruling on the invalidity of “money-back orders The Federal Court of Justice (BGH. Judgment of 11.12.2013, Ref. IV ZR 46/13) ruled that the purchase of “used” life insurance policies is null and void unless it is a genuine […]

Reversal of dangerous combined transactions: Revocation of credit-financed capital investments

– New ruling of the Federal Court of Justice facilitates the discharge of loan debts – It is part of everyday life at credit institutions to make even larger capital investments possible for the customer by making a large part of the necessary money for an investment available to him as a loan. As a […]

Legal restriction to the surrender value in the event of revocation of life insurance policies is contrary to EU law

– Current ECJ ruling opens up reversal with perpetual cancellation right also for new life insurance policies since 2008 –   The bang of the European Court of Justice (ECJ) The European Court of Justice ruled (ruling of 19 December 2019, ref. C355/18, C-357/18, C-479/18) that a provision in insurance contract law according to which […]

When revocation and/or amendment of a subscription right can fail

The Federal Court of Justice (BGH, ruling of 25.09.2019, ref. IV ZR 99/18) had to deal with the life insurance of a policyholder (VN) who had fallen into a coma in 1993 after an accident. The wife, who was divorced in 1994, was entitled to withdraw her claim. The father of the UN informed the […]

Reversal through revocation – despite cancellation or contract expiry in the KLV and RV?

– How risk costs destroy the refund in case of insufficient cancellation instructions –   According to the BGH, if a life or pension insurance policy taken out between 1994 and 2007 is revoked, the premiums plus of all uses less the risk costs consumed for the risk must be repaid by the insurer. By […]

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 […]

Optimal revocation for credit, capital investment and insurance

– When legal representation without an appraisal is giving away pure money -.   No one would accuse financial institutions, i.e. banks and insurers, of unlawful or dishonest behaviour if affected customers do not receive what they are actually entitled to after a revocation of credit and investment or insurance contracts. Without an expert examination […]