On 25.05.2018 the basic data protection regulation of the European Union (EU-DSGVO) came into force. Regulations apply directly and immediately – implementation by national legislators is not required. Meanwhile, further regulations and directives are in preparation, which are potentially intended to restrict freedom of expression – for example to counter fake news. No information […]
Artikel zum Thema: Revocation
How direct insurance policies can be seized by creditors and insolvency administrators
The Federal Court of Justice (BGH, ruling of 24.06.2015, file no. IV ZR 411/13) has already decided that the direct insurance policy of a shareholder-managing director can be seized despite an irrevocable subscription right with reservation of revocation until the so-called vesting with the GmbH, even in the event of his termination due to insolvency. […]
Why private basic pensions often lead to losses for policyholders
A marketing expert remarked: “The best marketing agency is in Berlin – that is, the government”. First came the Riester pension with subsidised allowances, then the increasingly tax-deductible basic pension – also known as the Rürup pension. One financial services provider said: “The shift from state to private retirement provision is a growth market for […]
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 […]
Insolvency risk of British life insurers when relocating to Ireland
– How can insured persons react to the increased risk of insolvency? – Up to more than one million English life insurance policies (with-profit products) are to be transferred to Ireland. However, on closer inspection it is completely unnecessary to leave Great Britain (GB) for the existing policies. Existing contracts need not be […]
Sale of life insurance policy destroys shapeable additional income
In its ruling of 16 October 2018, the Federal Court of Justice (BGH, ref. VI ZR 459/17) decided how contracts for the sale and assignment of used life insurance policies lead to an obligation to pay damages if the investor or policyholder (UN) of the life insurance policy bears the payout risk according to the […]
Compensation from the (professional) guardian after termination of insurance
The OLG Koblenz (judgement of 28.02.2018, file no. 4 W 79/18) decided on the liability for damages of a professional caregiver after he or she had terminated a private health insurance (PKV) together with a supplementary nursing care insurance (PV) and a short time later the benefit claim occurred. Liability in the event of […]
When real estate becomes junk real estate
How do banks and insurance companies finance usuriously overpriced real estate? Scrap real estate is a topic for up to more than two million affected investors. The Investors’ Council says: “Only invest in investments that you understand yourself”. This applies to the timing of investments and the ongoing monitoring of capital investments. More often, experts […]
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 […]
Compensation from the intermediary after change of cover or change of insurer
The Federal Court of Justice (BGH, ruling of 26 August 2018, file no. I ZR 274/16) expects the plaintiff, who feels that he has suffered damage after the re-coverage of life insurance policies, to present facts from which the probability of damage can be deduced for a declaratory action. An action for a declaratory […]