Asset Management

Those who want to know that their private assets, those of a foundation or even of an institution are in good hands and who themselves have little understanding of capital preservationand protection, can assign this task to a so-called asset manager. Asset management, a professional title that is largely unprotectedorunregulated in Germany, defines a service […]

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

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 […]

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 […]

Obligation of private health insurers to provide advice

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 […]

Compensation for heirs in the event of failure to provide medical euthanasia

The Higher Regional Court of Munich (OLG, Az. 1 U 454/17, judgement of 21.12.2017) sentenced a family doctor to pay 40,000 € – inherited – compensation for pain and suffering for immaterial damages to the heir. The deceased had been artificially fed, among other things by a PEG probe, and kept alive for about 21 […]

Why private and business secrets are mostly unprotected by insurance intermediaries

Most policyholders believe that their private and business secrets entrusted to the insurance agent and broker are protected. But in fact the situation is quite different, and the protection is often no better than if you had entrusted them to your hairdresser.   No reliance on the legal private secret The Higher Regional Court of […]

Great help

Due to a heart attack and subsequent stroke, I needed a caregiver for the long term to take care of all my day-to-day needs. Dr. Fiala provided my brother-in-law with expert support so that he could take over this task by means of a power of attorney for guardianship and health care, thus avoiding the […]

Underwriting of life insurance policies

The BGH has decided that – completely independent of the revocation – a claim for damages can also be sufficient for the reversal of a life insurance policy – oh for contracts concluded from 2008 onwards.   In its current ruling of 28 June 2017 (Case No. IV ZR 440/14), the Federal Court of Justice […]

Framework contracts in professional liability insurance

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 […]

Competent advice

Dr. Fiala answered my questions about “guardianship law, health care and guardianship power of attorney” competently and understandably. He has also been helpful in helping me deal with these things with the authorities. Thank you very much for this and also for the fact that you always have an open ear and good advice for […]