*by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ. Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer for civil and insurance law (BA Heidenheim, Univ. of Cooperative Education), banker (www.fiala.de) The regional court Mosbach condemned with judgement of 15.08.07 among other things ex-Federal Minister of Defense Professor Dr. Rupert Scholz to payment of damages from folder adhesion, because he acted as a guarantor for the in the meantime insolvent MSF master star fund German fortune fund.
Excerpt from the judgement discussion: Constant BGH iurisdiction to the folder responsibility The Federal High Court (BGH) decided already by its judgement of 22.05.1980 that initiators, (also factual) managing directors, partners, designers and founders, stand in a folder liability. This circle also includes such persons who create a special basis of trust through their outwardly appearing involvement: These include, for example, companies and persons who, “in view of their generally recognised and prominent professional and economic position or their capacity as professional experts, occupy a position of guarantor”….
Complete judgement discussion (source: Gerlach/DIREKTER ANLEGERSCHUTZ 04/09/07)
(experten.de (26.09.2007))
Courtesy ofwww.experten.de.
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Dr. Johannes FialaPhD, MBA, MM
Dr. Johannes Fiala has been working for more than 25 years as a lawyer and attorney with his own law firm in Munich. He is intensively involved in real estate, financial law, tax and insurance law. The numerous stages of his professional career enable him to provide his clients with comprehensive advice and to act as a lawyer in the event of disputes.
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