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 […]
The Federal Labor Court (BAG, ruling dated February 21, 2017, file no. 3 AZR 297/15) dismissed an employee’s action seeking to establish that his current wife is entitled to a widow’s pension from his company pension commitment. The employee had remarried at the end of the employment relationship. The future widow goes away empty-handed – […]
– How the 2002 reform of the law of obligations will relieve the judiciary – New era in the limitation period for damages In the normal case of investment advice or asset management, the statute of limitations begins with the investor’s knowledge of the person who caused the damage and of the damage. If […]
Current BGH ruling: Insurance customers are entitled to repayment A hitherto largely unnoticed, recent acknowledgement ruling by the Federal Court of Justice (BGH) of 29.07.2009 (Ref. I ZR 22/07) surprisingly confirms that a life insurance policy with payment of the annual premium during the year in return for an instalment surcharge constitutes a consumer […]
The free “insurance broker contract In recent decades, the call for standardized forms has led to brokers who are not legally trained to make use of “free samples of no value” – they are then often really free in the other sense of the word – namely in vain. A specimen similar to the “Verbandsmuster” […]
The free “insurance broker contract In recent decades, the call for standardized forms has led to brokers who are not legally trained to make use of “free samples of no value” – they are then often really free in the other sense of the word – namely in vain. A specimen similar to the “Verbandsmuster” […]
Gross negligence on the part of the investor leads to the application of a 3-year limitation period Since the reform of the law of obligations, with effect from 01.01.2002, it is again and again controversial, after which periods the Verjährung of adhesion claims is aligned. Now the regional court Mannheim (Az. 8 O 353/06) by […]
The regional court Mannheim rejected by its judgement of 07.03.2007 the complaint of an investor, who as can be prove in the year 1996 a folder had been handed over. The prospectus had listed the main risks. RA Diplom-Jurist Thomas Keppel, Kanzlei Dr. Johannes Fiala, Munich, www.fiala.de won the judgement. He comments on the legal […]
Gross negligence on the part of the investor leads to the application of a 3-year limitation period Since the reform of the law of obligations, with effect from 01.01.2002, it is again and again controversial, after which periods the Verjährung of adhesion claims is aligned. Now the regional court Mannheim (Az. 8 O 353/06) by […]
by Johannes Fiala, lawyer Some brokers or investment advisors may hardly believe it: The BGH has in the last ten years practically fixed that these mentioned occupational groups are just as strictly responsible for handling errors, as for instance tax advisors and chartered accountants. The reform of the law of obligations since 01.01.2002 indicates that […]
