Search results for: Compliance

Does the Federal Agency permit double collection of short-time work benefits (KUG) and full closure insurance (BSV) ?

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Short-time work compensation (KUG) is only available as a subsidiary social benefit under the Third Social Security Code. According to legal regulations, benefits or insurance contractual legal claims from a business closure insurance (BSV) are credited, i.e. deducted. This is now said to have changed temporarily by an order of the Federal Institute for Salaried Employees (BA). Really?

Pension funds are not allowed to withhold health insurance contributions on private pension part

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– This leads to further legal disputes about the “correct” determination of contributions –   The Federal Constitutional Court (BVerfG, decisions of 27.06.2018, ref. 1 BvR 100/15, 1 BvR 249/15) decided that benefits from a pension fund (PK) – which are based on contributions made privately by the employee – are not subject to any […]

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

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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 […]

Obligation of private health insurers to provide advice

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The private health insurance has a legal obligation to provide advice if there is a recognisable reason – and even more so if there is an explicit request – § 6 VVG. This also includes “human care until the end of life”, for example through palliative and, if necessary, hospice treatment, as well as through […]

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

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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 2

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In the second part on sanctions and their effects, attorney Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm present further cases – from the Russian sanctions via Cuba and Turkey to the acquisition of real estate by terrorists.     Anti-terrorism lists or ordinances could also be (or are they) null and void? Regulations 881/2002 […]

Reversal of the burden of proof in case of inadequate documentation

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The Federal Court of Justice (BGH, ruling of 13 November 2014, Ref. III ZR 544/13) has recently ruled that failure to comply with the insurance agent’s duty of documentation in accordance with § 61 Para. 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in the burden […]

Protocols should ensure high quality advice

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The Bundesgerichtshof (BGH, ruling of 13.11.2014, Ref. III ZR 544/13) has recently decided that the failure of the insurance broker to comply with the documentation obligation under Section 61 (1) of the German Insurance Supervision Act (Versicherungsvermittler). 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in […]

Framework contracts in professional liability insurance

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Laws and professional codes of conduct require many professions to take out liability insurance for financial loss, but also sometimes for personal injury and damage to property. The content and scope of the minimum insurance is regulated differently depending on the profession. If a GmbH provides tax advice, financial losses amounting to € 250,000 must […]

Repay fixed-interest loans early

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When selling real estate, the bank loans are usually repaid by the seller so that the property can be transferred unencumbered in the land register – with the existing encumbrances, the property would normally be unsaleable. The repayment of the loans is seen – merely – as a precondition for the bank to release the […]