Software ohne Qualitätsmanagement als Haftungsfalle !

Software without quality management as a liability trap ! “The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland) In the advertisement of some software manufacturer it is said: “Of course with liability-safe consulting protocol after the current legal changes. However, on closer examination, it may turn […]

Occupational and private pension schemes: Zillmerisation is unconstitutional

Unconstitutionality of the offsetting of acquisition costs: The Federal Constitutional Court (BVerfG) determined in its decision of 15 February 2006 (Ref. 1 BvR 1317/96, NJW 2006 p. 1783 et seq.) on the calculation of the surrender value of a capital-forming life insurance policy in the event of premature termination that the offsetting of acquisition costs […]

Vermittler- und Vertriebsrecht: Software ohne Qualitätsmanagement als Haftungsfalle !

Practical rule: No liability-proof consulting protocol software?   “The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland)   The advertising of many a software manufacturer says: “Of course, with a liability-proof consultation protocol in accordance with the current legal changes.” However, a close examination may reveal […]

Liability traps when terminating life insurance policies – entitlement to a higher surrender value in the event of low interest rates

*by Peter Schramm (www.pkv-gutachter.de) and Johannes Fiala www.fiala.de) Until 1994, guaranteed surrender values were paid out in German life insurance in the event of cancellation, which were calculated from the actuarial reserve according to the business plan less cancellation deductions. Fair values instead of guaranteed surrender values With the deregulation of 1994, the guaranteed surrender […]

Liability traps in the liquidation of life insurance policies

by Peter Schramm (www.pkv-gutachter.de) and Johannes Fiala (www.fiala.de) Until 1994, guaranteed surrender values were paid out in German life insurance in the event of cancellation, which were calculated from the actuarial reserve according to the business plan less cancellation deductions. Fair values instead of guaranteed surrender values With the deregulation of 1994, the guaranteed surrender […]

Prohibition of remuneration and activity in the case of a lawyer’s second profession, in particular professional guardianship

In the practice of the guardianship, insolvency, execution and probate courts, a professional lawyer is often selected and appointed by the court, especially in more difficult cases as guardian, insolvency administrator, sequestrator or guardian of the estate (second professional). The aim of the court is thus to appoint a person who is suitable and not […]