Legal restriction to the surrender value in the event of revocation of life insurance policies is contrary to EU law

– Current ECJ ruling opens up reversal with perpetual cancellation right also for new life insurance policies since 2008 –   The bang of the European Court of Justice (ECJ) The European Court of Justice ruled (ruling of 19 December 2019, ref. C355/18, C-357/18, C-479/18) that a provision in insurance contract law according to which […]

Subscription right LV: How the contract value can be collected retroactively

How can the irrevocable subscription right be eliminated by revoking the life insurance? What options are available to heirs or insolvency administrators to collect the contract value retroactively.   If a life insurance contract falls within the estate, all rights of structuring apply first of all; such as termination, revocation of a subscription right, contesting […]

Permits for guardianship of minors, care and administration of the estate

Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]

Deposit insurance for credit institutions and securities trading firms, Part 1

When maybe only 100,000 euros are secured and the rest becomes a restructuring profit for the bank….   The Financial Market Authority cannot prevent the insolvency of credit institutions, securities trading houses or insurance companies. For securities trading companies, the maximum compensation obligation is 90% of up to EUR 20,000. In the past, there was […]