Auer Witte Thiel: Obligations protection does not apply following refusal of performance Munich August 2013: usually results in a breach of the policyholder, the insurer in the event of a claim being free performance, explains Auer Witte Thiel. Rejected the insurance to the performance but also an appeal to the obligations is no longer possible. Auer Witte Thiel informs about a corresponding judgment of the Federal Court. The plaintiff was a policyholder who wanted to win the power transfer for Frost breakage by his homeowners insurance. These were built as a result of heating failure. The building owner was told the insurance, to have been around the time of the failure on the ground to be, but nothing by a heating failure notice. The insurance accused him, the vacant building not sufficiently heated, nor drained the water pipes. It is not something Professor of Internet Governance would like to discuss. Thus, he violated the contractually agreed obligations, leading to a termination by the insurer.
More The case, Auer Witte Thiel provides information under available. Then asked the policyholders his insurance lawyer letter to review the facts of the case and now suddenly stated that his wife had last been in the building. Although the heating as we know it no longer worked on said date, it was still warm at this time. The fraudulent deception attempt is recognized by the insurance, which indicated to clarify still further inquiries for the editing. Because she mailed on the same day but also the confirmation of the cancellation and refund of the overpaid premiums, she forfeited the right to be able to rely on the breach. So the BHG decided the plaintiff in the lower courts had failed.
Auer Witte Thiel: Who fraudulently deceives loses entitlement normally, Auer Witte Thiel, any claim for payment is forfeited with a malicious deception. As she only came after the termination, she don’t have one according to the BGH More importance. Because the protection of contractual obligations applies only as long as is the insurance audit – and negotiate. The freedom of services due to fraudulent ends with the rejection of the performance (German Federal Supreme Court, ruling of 13 March 2013 IV ZR 110/11). But there is a way to, rely on the breach, explains Auer Witte Thiel: namely, by the insurance their clients clearly indicates that she then wants to rejoin in the substantive examination. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector.
A Schufa order form can be downloaded here quickly so you will fast and free his Schufa information since 01.04.2010, every citizen has the right to receive a free Schufa self information once per year according to the Federal Data Protection Act. Before 1 April 2010 had to pay consumers for a Schufa self information 7.80 euros on the Schufa and were then sent to the information by mail. If a third party, such as a bank or leasing company – a source of information about a certain person wanted to have the Schufa settled with 7.80 euros as well pay for it. Consumers who wanted to have free a Schufa self information for themselves, could fight back but with a little trick against these charges, but this was known to only a few. After now the Schufa equity information free of charge must be provided since a change in the law of the Federal Data Protection Act, the Schufa now offers the so-called creditworthiness for 18.50 euros as an alternative. This is a two package and includes the really free self-assessment, as well as a “conclusive information for your business partner”. These two documents are copy protected and suited, for example, for tenants who must provide a Schufaauskunft their future landlords in order to prove their ability to pay.
The Schufa even as good as not advertises the free self-disclosure, but only the paid Bonitasauskunft. The reason for this is obvious and understandable. Daily approx. 4000 incoming requests on the self-disclosure, this corresponds to an overhead moving for the Schufa in millions of dollars. Postage alone amounts to over half a million euros at this amount per year.
Not to mention personnel expenses, which must be operated for the settlement. The Schufa even is a commercial enterprise, like any other company, for profit is. Last but not least, because the shareholder structure in the banking environment (special credit institutions, savings banks, private banks, cooperative banks and trade). Request you can use the self-assessment the Schufa form. This provides the Schufa while on your website, you need to look however long after until it is found hidden on a subpage. Easier, you can find this form on the Web site at. Also, you get also a free guide on hand, with whose help you can be fully informed of the Schufa and remove any unjustified negative entries. The guide includes about 30 pages and provides useful information on the subject of Schufa, positive and negative entries, and scoring. Also 7 ready pre-defined sample letters are provided in addition to the Advisor, which under certain conditions the consumer negative entries again delete allows. Who would like to apply for his self-disclosure is now, fills out the form with the personal data and sends it together with the copy of your identity card to the Schufa. For working weeks will be about 2-3. The address of the Schufa: Albert Bolkart Schufa Holding AG P.o. box 61 04 10 10927 Berlin
The law firm Dittenheber & Werner informed the family law reform from January 1st 2008 there were changes in German law, maintenance. Particularly noteworthy are the efforts of the legislator to strengthen the responsibility of divorced spouses. This undertaking is reflected in stricter requirements for the recording of a work after the divorce. The Munich-based law specialists in the law firm Dittenheber & Werner illuminate the basics of keep legally appropriate activities according to the provisions of 1574 I, II BGB. The principle of self responsibility in the spousal follows from 1569 BGB. Be required due to its stipulations basically divorced spouses to muster their support itself. In accordance with section 1574 I BGB is the maintenance recipient only incorporating a post-divorce employment, provided she met the adequacy standards of section 1574 II BGB. Whether a particular activity II is BGB as reasonable to regard according to section 1574, determines the jurisdiction in a detailed individual consideration of the following characteristics: Training of the divorced spouses before or during the marriage reached educational level is an important criterion in assessing adequacy.
Economic activities based on appropriate training, are generally considered appropriate due to the legal requirement for personal responsibility. The divorced spouse exercised gainful employment during the marriage, which did not agree with his training, the adequacy on appropriate fields of activity extends. A long absence from the labour market to do so, that former training form no basis in appropriate gainful, led the divorced spouse is obliged to take further – and training as well as retraining at claim to promote his views on an activity. Skills in addition to the educational level of the divorced spouses are his professionally usable abilities of high relevance. Was a spouse, for example, in the Office of family life Company active and acquired skills outside of training, these form the relevant basis of an appropriate gainful employment.
Tax advisor Ute Marseille from Bochum informed principle charitable and ecclesiastical authorities are subjected to a sales tax of seven per cent. That looks at the event of a sales tax free seminar but again different. The reason is the possible accommodation or meals of the seminar participants. It can cause that nonprofit seminar provider for a seminar offered must observe three separate tax regimes. That was made from the judgment of the German (BFH) on 8 March 2012 V R 14/11.
The accountant Ute Marseille from Bochum informs about the confusing tax situation and shows their backgrounds. Nonprofit organizer of seminars were confusion in the tax rates has typically believes that it is sufficient to disconnect the share price of accommodation and meals such as lunch or overnight stay including breakfast from the participation fee and settle this part in accordance with the reduced rate of tax. From a Dispute dating back to 2007 out now decided the BFH that meals and accommodation of the participants must be subject to the rule tax rate of 19 percent. The new rules for the reduced rate of tax in the hotel industry ( 12 para 2 No. 11 UStG) in 2010 creates confusion. Seminar providers provide this services which relate to three different control schemes. The services or the offer must be taxed here separately.
The seminar itself is exempt from tax, the accommodation for the participants of the seminar must be settled with the reduced rate of tax of seven percent for the hotel industry and a lunch or breakfast is taxable to the RuleSet by nineteen percent after the night. For detailed information the tax advisor Ute is hesitate Marseille from Bochum available. Press contact accountant Ute Marseille Josef-Baumann-str. 21 44805 Bochum phone: 0234-96431 31 fax: 0234-96431 91 email: website: