Recalculation of loans after revocation
BGH to determine the dissolution after revocation – life insurance: What you need to know for the revocation of the life insurance contract In the Federal Court (BGH), some principles “for the divisional inversion of life and pension contracts after objection” have been determined (Federal Court of Justice, Decision of 29.07.2015, Az. IV ZR 384/14). The UN has therefore to allow itself the reinvested capital gains tax together with Solid (BGH, order of 29.07.2015, Az. IV ZR 448/14). The UNO may challenge the proceeds of fund investments as recovery, but must also bear the loss of funds against the invested savings, but possibly only to a limited extent of perhaps 10% (BGH, decision of 11.11.2015, Az. IV ZR 513/14 ).
Calculate the proportion
Without an actuary, it is not possible to calculate the proportion of the premium required for the actual risk exposure or the commissions paid to the intermediary, and therefore bears no interest. They are not stored as a savings component in the actuarial reserve and bear interest at the net interest rate of the investments, but remain in the equity of the insurance company or are stored there.
Therefore, it may make sense to interest them on the return on equity of the insurance company per year in accordance with the annual report. The interest on the return on equity is paid by the insurer. This approach arises from the bank jurisdiction in the event of cancellation and suggests that institutions recognize the return on equity definitively achieved by a house bank as a flat-rate approach.
For example, if only ten per cent of deposits of ten thousand euro, ie one thousand euro, were paid into equity capital only in the years 1998 to 2002, this would result in a return on capital of around 15 times, ie fifteen thousand euro, ie fourteen thousand euro, from the equity title until its revocation in 2015, with a return on equity of 20 percent.
The Federal Court of Justice also notes that the applicant is at least burdened with the description of the benefits received, which must be based on the particular circumstances of the insurer. A prepayment of a RSV is not in sight, as well as a refund of the expert fees after termination of a lawsuit. In the case of insurance contracts which are invalid from the outset (and not only after revocation), an even higher remuneration (eg full risk costs) can be expected.
For example, if the BoD did not obtain the consent of the guardianship court for minor children, if the persons concerned did not join the insurance contract, or if the guardianship court had a reservation of consent and thus no payment or reimbursement could be made, 362 BGB (Bundesgerichtshof , Federal Supreme Court, decision of 21 April 2015, ref. XI ZR 234/14).