Books / Technical articles

Publications – Technical papers Fiala/Schramm, Insolvency risk of British life insurers when relocating to Ireland, ExpertenReport, issue 7/2019, pages 60-62 Fiala/Schramm, When are insurers no longer obliged to pay benefits or can reduce benefits?Expert Report, issue 3/2019, pages 56-58 Fiala/Schramm, No insurance coverage in case of refusal to pay protection money, ExpertenReport, issue 11/2018. Pages […]

Lawyer for banking law in Munich

Banking law: errors in advice, credit traps and more As a lawyer for banking law, I know that a bank has been part of our daily life since our earliest childhood. Just remember your first savings book, which you probably got at primary school from the nice savings bank advisor next door. We withdraw money, […]

Interest fraud with system

How banks and credit institutions earn money with incorrect interest calculations We Germans are known beyond our national borders for our preference for cash and savings books. In a European comparison, we are the undisputed number one with a savings rate of approx. 17 %. Our confidence in saving seems to be unshakable and despite […]

PKV: Impossible escape from rising premiums

There are many factors contributing to inflation in private health insurance. For example, charges for cross-subsidisation for the basic, standard and emergency tariffs. Those who have concluded their private health insurance before 01.01.2009 can also change to the standard tariff – the others only to the basic tariff. The lack of the insurer’s (VR) right […]

The Rürup fallacy

Why additional private provision is no guarantee of good care in old age   In Germany there are currently 2.5 million people in need of long-term care. About 70% are cared for at home. The benefits of the statutory long-term care insurance in Germany are mostly at the level of a partial cover insurance. Better […]

Discussion of the judgement of the BGH of 24.04.2007

In its ruling of 24 April 2007, the Federal Court of Justice (BGH) decided that initiators are liable for damages in the event of “deliberately objectively evidently false” information in the prospectus. In the present case, it was a question of special benefits outside the articles of association or reorganisation costs without any basis in […]

Complex asset management

Long-term planning but in line with demand If you earn money, you have to learn how to handle it. On the one hand, it is important to be able to cover the needs of daily life and, on the other, to ensure long-term financial stability. Satisfying the basic needs of a human being is only […]

Stress test by financial regulator leads life insurance company into insolvency

– What are the scenarios of settlement in insurance due to low interest rates ? –   Customers of life insurers are shaken: on 16.12.2014, the business press reported that a Swiss life insurer had now filed for insolvency, and had become a victim of low interest rates. The 13,000 policies were taken over by […]

Working time credits predominantly unprotected

– Why employer time value accounts regularly do not offer insolvency protection –   The “Flexi II Act” came into force on 01.09.2009. This was intended to provide employees with better protection against loss in the event of the employer’s insolvency. Today, this proves to be incorrect in at least 98% of the companies.   […]

Doubling of the tax burden due to private and occupational pensions

– When Social security and tax administration charge the citizen twice ? – The Regional Social Court of Rhineland-Palatinate (LSG Rheinland-Pfalz, judgement of 03.12.2015, ref. L 5 KR 84/15) ruled that when reinvesting the capital benefit of a company direct insurance by purchasing a private immediate annuity, compulsory contributions to the statutory health (GKV) and […]