On the brutal pedagogy of brokerage contracts, maximum liability sums and VSH reinsurance

(expert-network) Mr. Fiala, brokerage contracts will be from pools, working groups, Associations and distributors as a service offered. From your point of view. any abnormalities? (Johannes Fiala) I noticed, that numerous sample contracts contradict each other in substance. Spotlight Research shows that any text samples from form books were written off. Always clauses are to […]

The fairy tale of the “documentation and consultation waiver

The fairy tale of the “documentation and advice waiver” – a guide to the certain destruction of existence for almost every insurance broker * *by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer in civil law and insurance law (Univ. of Cooperative Education), […]

Beware of false advisers

As of 22 May 2007, insurance intermediaries subject to licensing must, among other things, possess a VSH. For months, a price war has been raging in order to win the loyalty of as many intermediaries as possible – and they obviously have more plans for their addresses later on. The offers of the pecuniary damage […]

Leveraged business: immediate annuity – bank loan – savings plan

Chance of high profit – but also high risks Leveraged transactions are in practice referred to by financial service providers as “savings annuity”, “savings annuity”, “lex- annuity”, “interest rate differential transaction”, “loan-financed annuity”, “immediate annuity”, “leveraged annuity”, “guaranteed annuity”, “loan-financed life insurance”, “leveraged life insurance”, “fixed loan with repayment substitute”, “leveraged pool”, “loan-financed investment”, “fixed […]

Software ohne Qualitätsmanagement als Haftungsfalle !

Software without quality management as a liability trap ! “The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland) In the advertisement of some software manufacturer it is said: “Of course with liability-safe consulting protocol after the current legal changes. However, on closer examination, it may turn […]

Vermittler- und Vertriebsrecht: Software ohne Qualitätsmanagement als Haftungsfalle !

Practical rule: No liability-proof consulting protocol software?   “The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland)   The advertising of many a software manufacturer says: “Of course, with a liability-proof consultation protocol in accordance with the current legal changes.” However, a close examination may reveal […]

Leverage transactions ; chance of multiple profit ? but also private bankruptcy risk! (at the same time with reference to the new BGH ruling on consultant liability, V ZR 402/99)

by Johannes Fiala, lawyer Leveraged transactions are in practice referred to by financial service providers as “savings annuity”, “savings annuity”, “lex annuity”, “interest rate differential transaction”, “loan-financed annuity”, “immediate annuity”, “leveraged annuity”, “guaranteed annuity”, “loan-financed life insurance”, “leveraged life insurance”, “fixed loan with redemption replacement”, “leveraged pool”, “loan-financed investment”, “fixed loan with repayment substitute”, “leveraged […]