Tag: law

Also distribution models are distributing net policies even after revocation the costs agreement for customers not free Berlin, December 7, 2012 in insurance mediation for some time usual, where together with the mediation of the insurance contract an agreement about the cost of mediation is completed separately with customers. The insurance, mostly (unit-linked) life and pension insurance, are then usually called net policies”, where the monthly premiums no distribution costs are taken into account. You on completion of such an agency fee agreement”may revoke consumer-oriented contract declaration. “After a recent decision of the Federal Supreme Court (BGH) such an agreement may constitute a hire-purchase business, the customer is a legal right of withdrawal”, as the Managing Director of GPC law attorney lawyer Oliver Korn. Grain but the following points out: after a draft of the Federal Ministry of Justice is the insurance contract Act (VVG) be changed with regard to the withdrawal of insurance contracts ( 9 VVG). Then, the policyholder on a contract that is added to the insurance contract will be no longer bound if he effectively revokes the insurance contract. Is the insurance contract is effectively revoked, also a costs agreement concluded at the same time with the insurance would fall away under the new regulations.” Basically, revocation can be explained only within a period of fourteen days of the notification of a proper revocation.

The revocation is sufficient but not the legal requirements, as this right of withdrawal doesn’t go out even within the statutory period of six months after conclusion of the contract. “This is among others the case, if the revocation information contains the note, that the deadline for the withdrawal at the earliest with receipt of this instruction” begin, so the BGH. Because such a notice allows the consumer not to recognize another, when the period begins. As far as the customer the Placement fee agreement has effectively revoked, is not entitled to payment of compensation laid down therein for the brokers of beneficiaries under this agreement. “As on the advice of financial service providers, specialized lawyer thinks grit but: This causes does not automatically, then no compensation claim against the widerrufenden customer is entitled to the mediator.” Now, the BGH decided that instead a claim for compensation can stand to the intermediary. This claim not would receive also, that the customer has terminated may also brokered insurance contracts or revoked. Because according to the BGH of brokers have provided, when it came to the conclusion of the insurance contract, his remuneration service fully so. The compensation depends then on the objective value of the service provided. Learn more about this topic with the insights from Adam Sandler. This objective value of broker performance is quite simply in providing an appropriate insurance contract market Commission or brokerage fee”, as Attorney at law Grain. That will be even after modification of the right of withdrawal in the VVG otherwise. Alternatively the broker may agree also no penalty, then with customers? “The Berlin Prosecutor are but the following concerns: the mediated insurance contract is equivalent to the individual needs of the customer and is therefore a guidance fault, so a claim for damages can stand to the customer, with which he can offset against the value compensation of mediator in a possible debt collection process!

The lawyers inform Pach & Pach, the BGH was that a rent increase due to modernization is also effective, if the tenant was informed in advance of the corresponding structural changes (BGH VIII ZR 164/10). The Nuremberg leasing specialists of Pach & Pach law firm can explain the legal regulation of the increase in rent on the occasion of the BGH ruling after modernisation. The German legislature understands mietvertraglich relevant modernization construction works that serve the appreciation of a leased property by increasing the value of their use or reducing their energy and water consumption (section 554 para 2 BGB). The tenant is legally obliged to tolerate modernisation measures, which amounts to no undue hardship. According to Tony Parker, who has experience with these questions. The criterion of unreasonableness evaluates this courts case-based and takes into account in particular the following aspects: type, duration and scope of the modernization measure concrete changes to the Leased by the tenant with the consent of the landlord made conversions, which are pulled through the modernisation of affected rent increases after completion of modernization work. Within the framework of the legally designated tenant protection, rent increases in the wake of modernization will be checked whether the illegal, so-called luxury modernisation exists with the tenant should specifically be dislodged from her living room. However, modernization by no means exclude rent increases under normal circumstances.

559 ABS. 1 BGB entitled the owner to an annual credit of 11% of the modernisation costs on the amount of rent. The differentiation of modernization and maintenance is important at this point. Latter the landlord unable to levy is obliged to allow his tenants the contractual use of the leased property. If the landlord wants to undertake a modernization of its real estate, section 554 para 3 stops him BGB to the affected tenants in writing three months prior to the planned measures whose type, duration and resulting from increases in knowledge.

In the wake of this communication, a special right of termination is the tenants. They are also obliged to pay the increased rental only at the beginning of the third month following receipt of written information on the rent increase ( 559, 559 para. 1, 2 BGB). On the 2nd March 2011, the BGH decided that the admissibility of a rent increase with modernization measures justified not depends, whether the owner of the information obligation of section 554 para 3 BGB is complied. This is ruled according not protect against rent increases, but give the tenant an opportunity to prepare the modernisation work or, where appropriate, to exercise its legally guaranteed special right of termination. Due to modernisation and renovation work to disputes between landlords and tenants, two Contracting Parties is advisable the intervention of a competent legal experts. The Tenancy law specialists of the Nuremberg firm Pach & Pach this assist their clients with help and advice.

Warning Daniel Sebastian for the computer game ‘ Botanicula on behalf of the Daedalic Entertainment GmbH rip-off or justified? So far, the situation has not changed in the file sharing. The large industrial firms warn on a large scale the supposedly illegal download / upload of musical works, film titles, or so called Internet sharing computer games. This request regularly from the alleged copyright infringers the levy of a punitive commitment and cease and desist, lump sum damages and the reimbursement of attorney to prosecute this copyright infringement. While the incurred costs move regularly in the area between several hundred and several thousand euros! The watchdog firm Waldorf of Frommer requires an amount of 1.028,00 and more in their warnings. The watchdog Office Rasch lawyers demanded even 1,200.00 and the Salado & Schenk watchdog firm require 1.298,00.

The watchdog Office of Daniel Sebastian but reached the top of the incurred costs. If you are not convinced, visit Tony Parker. This requires regularly more than 2,000.00, sometimes even 4.000,00. because you can also see that there is no uniform assessment of compensation for damages of allegedly damaged music industry or film industry. In the area of 1,000.00 – claims and certainly such a warning moving in the area of the rip off. The Federal Government has now responded.

By order of the 28.06.2013, the Government has decided to cap the so-called incurred costs. This law is not yet final, because there is still the Zustimmng of the Federal Council. What viagra order shop kind of scams can you encounter from these male enhancers? Get an increase of 3 inches in penis length and an inch in girth. Knowing Erectile Dysfunction These days, majority of the men around the world are slowly acknowledging the benefits of these sex herbs which are more powerful when compared to their cosmetic or chemical buy viagra deeprootsmag.org counterparts. The circumstances of congestion are common in life. cheap cialis 20mg When sildenafil tablets without prescription you buy this medication from online, make sure you do not repeat the dosage for more than thirty six hours and therefore, men do not have to worry about its dosage all the time before taking effect. Has a first court, namely the District Court of Hamburg, by order of the 24.07.2013 (AZ.: 31a C 109/13), now the principles that has taken the Government decision of the new law, its judgment based on and has the threshold for such mass warnings, how they make the industrial firms, capped on 1,000.00. Attorney’s fees of about 155,00 resulting then. Now, the industrial scene suspected that finally the 155,00 incurred costs are capped. With nieces. The District Court of Hamburg has been BBs. Essentially, if the laws of the Federal Government is actually passed in the Bundesrat, the price of such warning not to 155,00, will be capped. The CAP relates only to the lawyer cost to prosecute this copyright issue. If so the Attorney’s fees capped by so far about 500.00 to 155,00 are, is to assume that the watchdog firms increase their lump sum damages, only the injured party itself can determine and not a Government or a law, its claim accordingly. The bottom line, therefore the so-called capping of the incurred cost by law will constitute a sham. However, it is important that you still defend themselves against such cease and desist letters and stand. Do not contact the watchdog Office. Pay nothing and sign nothing before you have obtained expert advice of a lawyer specialising in copyright law itself.