Party questioning an investor upon request of the defendant Bank of BGH had to deal with, whether an investor as a party in the process at the request of the defendant bank may be heard, i.e. he can be interviewed if necessary and under oath to the consultation or conclusion of investments currently with the question. Background is that a bank without asking to clarify according to settled case-law of the highest German civil court on received kickbacks. Otherwise she is damages. Refunds in particular commissions are, paid from fees and management fees which are not disclosed to the investor but. By not knowing the investor while no delusion with regard to the system can occur with this, but there is the possibility that misjudges how the interest on pages of the Bank is.
The Bank, which does not comply with their duty of disclosure must thereby prove, that the damage at the investor would have occurred even if they are dutifully would behave, but the investors despite knowledge of the kickbacks would be; entered into the investment There is therefore a burden of proof. When investors however draws a system despite an appropriate note, nothing more can be a breach of the duty of disclosure. In the case it was to first educating needy refunds. However, the Bank had argued that the enlightenment about a refund at the decision of the investor had played no role. Because it wanted to explicitly draw the proposed tax-optimized systems.
Therefore it would have also if knowledge to a degree, so the Bank. The Court of appeal left ignore the request of the Bank on party interrogation of the investor. The Supreme Court on the other hand makes it clear, however, is to consider that there is still sufficient link between the presentation of the Bank and the investors, and therefore the request for hearing of the investor. Because is the claim that even with the investor Note of the refund the system had acquired when it out, there is no causality between damage and the breach of duty (not information relating to a Commission). A further substantiation of evidence request is not required according to the BGH, what applies in particular not only for the witnesses, but also for the present party proof. However, it is to examine whether an abuse in the application of a party questioning is seen by the Court. This is however only then, if the application makes arbitrary “in into the blue”. Here, the Bank has put forward but concrete evidence of who speak in the total consideration for this. that the plaintiff also having regard to the refunds would have chosen the system. This includes the fact that it arrived the investors first and foremost on tax savings and only secondary yield opportunities have been taken into account. Were there to acquire the recommended product-related investments only with a similar refund could be assumed in this case that the decision was made independently of a refund by the claimant. The judgment of the Court of appeal was therefore repealed by the BGH and again remitted. There, the applicant as a party to the information of the Bank will then be heard.
“You should grow and multiply,” is a Biblical order given to the human beings. We fulfill so well this part that we seem most obedient of the beings. So that in fact colocoumo was accomplished the nature sexual pleasure that stimulates the copulao. The consequncia is a world supertown. We today have more than 7 billion people in the world. People who eat, consume, desire, destroy, love, suffer, perseveram and reproduce. She could be said that our planet does not go to support for much time this sped up growth. Studious they foresee a period of stabilization.
The problem is that studies fail and the people do not stop to procreate.Exactly with the invention of the pill and other ways of prevention of the pregnancy we have a great number of desired and not desired births. We had much technological advance and today with varied vaccines, antibiotics, surgeries and ties-up the people live more. She reduced infantile mortality, this is good. The problem is that the longevity increased in amount of years and not in quality. We have many old inactive, sick ones, entrevados that they consume resources of the nature, government. People who cannot and do not want to work, to only receive without no perspective from car something for the society. One of the causes of the European economic crisis is this, much aged, broken providence.
Who to give itself well is the manufacturers of remedies. The death is seen as one badly to be prevented all the cost, good for being thus, but the society meagers of this form. To live with quality of life for 80, 90, 100 or more years is good, the problem is to draw out the cost all vegetative existences only on account of a maken a mistake interpretation of the human rights. Still we live in the nature, we obey its laws and one of them is the vital cycle to age and to die. We spend resources postponing the inevitable one and we leave to invest in the society that adoece when the young ones are private of job, where the children lack of good education. We have two exits for this Pu problem we make a birth control as she is made in China or we leave that the nature acts and that weakkest perishes. What he is desumano? We go to think about increasing the resources, more technology, populating the moon, to inhabit other planets, to make floating cities in the seas, life of light, we will set to wait it. Well, meanwhile she does not happen we have the problem that she continues growing, therefore the people does not stop, of if reproducing nor to age and insist on not dying. there?
Integration of Garfield as virtual branded games Hamburg, 7 February 2012 Iconicfuture has acquired the digital trademarks for Garfield by the proprietor and licensor Paws Inc.. Now, game developers can get the famous lasagna-loving cat from Iconicfuture to him as a virtual item in games, to integrate mobile apps and virtual worlds. Ze’ev Rozov, CEO of Iconicfuture, says: we are very pleased that we can add a figure such as Garfield with a such a high cult icon status thanks to the partnership with paws to our brand portfolio. Garfield’s global impact and popularity over generations are ideally suited for digital partnerships on various gaming platforms.” The brand of Garfield is popular among young and old alike and requires no explanation everyone immediately thinks of the (slightly) overweight, lazy cat. the comic was first published in 1978 in 41 newspapers in the United States. 34 years later he appears worldwide in 80 countries and 40 languages in 2,400 newspapers. In the course of the years the brand always further expanded, and Garfield has not only his own TV show, which airs in 130 countries, films, books and computer games.
In addition, the Professor Garfield was launched Foundation, which helps children learn to read. Iconicfuture now allows to integrate this important brand, so game developers can benefit from the strong name in computer games. Jim Davis, creator of Garfield, says: in the rapidly changing world of digital technology, it’s nice to know that Garfield at Iconicfuture is in good hands. We have created Garfield, to entertain and I am pleased that we have a partner that opens doors, so Garfield in the digital and virtual world can contribute to the conversation.” Iconicfuture provides a market platform for digital virtual merchandising, by allowing the integration of virtual branded products in a wide range of games. This simplified Iconicfuture for game developers to the process, well-known brands for games acquire and create additional sources of revenue for brand owners as well as for game developers. Iconicfuture has already worked with leading game developers as well as well-known sports companies, figures from the world of entertainment, fashion brands, celebrities as well as other brands. About Iconicfuture Iconicfuture GmbH is the leading marketplace for digital virtual merchandising in the online and mobile gaming industry. The Hamburg-based company founded in January 2011, simplifies the process to integrate brands into an online or mobile game.
Thus, Iconicfuture offers a unique service for game developers and rights holder from the fields of sports, entertainment and TV. Game developers to generate new revenue streams through the well-known IPs as a premium virtual goods monetization. For the IP right holders, for the first time offers the possibility of digital merchandising in the fast-growing gaming industry. The company was awarded the innovation award of sponsor’s Sports Media Summit 2011.