– How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law – VW is – hopefully – not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which […]
Artikel zum Thema: Federal Court of Justice
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 […]
Empty state guarantee: Why the Riester pension is not safe
On Sunday, 05.10.2008, the Chancellor said “We tell savers that their deposits are safe. The federal government is also responsible for this.” – For lack of a legal basis, this is not a declaration of guarantee but, correctly understood, a political declaration of intent. On Sunday, 24.04.2016, a Labour Minister will be quoted as saying […]
Federal Supreme Court: Riester contracts are unseizable – or partially or completely seizable.
When the insolvency administrator gets some Riester assets – The Federal Court of Justice (BGH, ruling of 16 November 2017, file no. IX ZR 21/17) decided that § 851 I of the Code of Civil Procedure (ZPO) in conjunction with § 97 I of the Income Tax Act (EStG) order the non-transferability of the Riester […]
The additional remuneration agreement may be revoked
What compensation does the customer owe in the event of premature cancellation of his insurance premiums? The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life […]
No State guarantee
The amount of the levies due when a “Riester pension” is paid seems unclear. Why the capital is not secure with this form of pension. In October 2008 the Chancellor said “We tell savers that their deposits are safe. The federal government also vouches for that.” – Which, for lack of a legal basis, is […]
Commission-free net policies: The additional remuneration agreement can be revoked
The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life insurance policy with a net policy. Capital investors and medium-sized companies are increasingly taking advantage of […]
Additional remuneration agreement can be revoked
The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life insurance policy with a net policy. Capital investors and medium-sized companies are increasingly taking advantage of […]
Net policies: additional remuneration agreement may be revoked
If a net policy is brokered, additional remuneration may be agreed. In the guest article, Dr. Johannes Fiala and Peter Schramm shed light on the conditions under which this must be paid even in the event of premature termination of the contract. The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. […]