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law
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The Result
However enough taken the inclusion of the term in itself, even without a mention of the provider, not a liability due to a non-enlightenment. A generally increased risk due to a Umfangsgeschwindigkeit itself is not visible. In large construction projects, such as in the case, it is rather common to secure work entrepreneurs through the Institute of Umfangsgeschwindigkeit against default. Therefore not give rise to the demand for the intermediary is created through the use of the terminology alone. A lawful probing investor can deal with the matter. A critical confrontation, also a plausibility check, has first and foremost to the be if positions in the prospectus are not traceable.
This is E.g. the case if there are certain positions outside of the investment desire. In particular, compulsory investigation with a significant divergence between the total investment and the (slight) guarantee appears as inappropriate. If construction drawing for the mediator not recognizable, that are positions of the Capital investment than in retrospect prove to be inaccurate, no knitting can be turned from it. In the result, the judgment clarifies that the intermediary not may be abused by financial products as milk cows for poor developing investment products, if not even in advance were clearly incorrect positions. Seen in this way is a positive message for brokers by investment and financial products. Bundesgerichtshof, judgment of November 15, 2012 – III ZR 55/12 contact: Bernd rechtsanwalts GmbH Wilhelm-Weber-str. 39 37073 Gottingen phone: + 49 (0) 551 495 669-0 fax: + 49 (0) 551 495 669-www.bernd-rechtsanwaelte.de manages the Bernd rechtsanwalts GmbH with locations in Dusseldorf, Gottingen and Hannover 19 and represents companies, initiators, financial institutions and investors in all aspects of economic and capital market law. Focus here on the corporate and project finance, in particular the concept of capital market products and the creation of prospectuses and the financial services and capital market law, in particular in connection with the enforcement and defense of claims and disputes with BFin.