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Account charges may only be increased under certain conditions
26.02.2019The transparency requirement of the KSchG stipulates that the consumer must be informed about the significant influencing factors of a fee increase in order to understand the effects of a clause.
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On the (in)validity of allographic wills
26.02.2019According to the latest decision of the Supreme Court, testamentary decrees not handwritten by the testator are only valid if the testamentary witnesses themselves sign on the deed.
Read moreThe clauses "manual rework" and "third-party charges" are void
26.02.2019The clause “manual rework of transactions € 2,90/3,90” contained in a bank's general terms and conditions, according to which consumers must pay the specified fees even if the manual rework of their transaction is necessary solely for reasons attributable to the credit institution (such as computer errors), is grossly disadvantageous and therefore ineffective.
Read moreTacit order placement of real estate agent
26.02.2019An implied order placement is to be assumed if the interested party tolerates the activity of the commercial real estate agent or makes use of it profitably.
Read moreTax reduction for pension compensation of a shareholder director
26.02.2019The sole shareholder and managing director of a limited liability company, which received income from independent work for its activity, entered into a contract with the company in 1995 for a company retirement pension.
Read moreDecisions of the SCAI on the constitution of an arbitral tribunal and the appointment of an arbitrator are not subject to separate appeal
26.02.2019According of the Swiss Code of Civil Procedure, only the final arbitral awards by which an arbitral tribunal upholds, dismisses or rejects a claim in whole or in part, as well as partial arbitral awards by which a quantitative part is adjudicated and interim arbitral awards by which a preliminary question is decided may be challenged the Federal Supreme Court.
Read moreProhibition of reimbursement of Nursing home costs ("Pflegeregress") that occurred before 01.01.2018
26.02.2019The “Pflegeregress”, which has been waved since 01.01.2018, had for consequence that assets of the person who admitted to care facilities and as well their heirs had to contribution to the care costs.
Read moreBias of an arbitrator due to a "Facebook friendship"
26.02.2019Art 6 ECHR provides for the general right to assert the bias of a judge if his independence and impartiality are not undoubtedly certain.
Read moreLimitation period does not begin until knowledge of the circumstances
26.02.2019The period of limitation begins in the case of medical malpractice only with knowledge that such had occured.
Read moreThe co-tenant may not demand payment for the abandonment of his rental rights
26.02.2019According to the Tenancy Law, it is considered as an inadmissible one-off payment if the new tenant has to render a service to the previous tenant or the landlord without equivalent consideration.
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