Effectiveness Bonamine

Federal Court: Duty of investment intermediary of implausible value calculation

BGH, Judgement of 17 February 2011 - III ZR 144/10

official motto:

An investment broker who explained to his customer the efficiency of a
real estate funds through a him from the Fondsinitiatorin provided personal model calculation, is obliged to calculate a subjected to plausibility checks and inform the customer for any obvious errors.

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Landgericht München I: investment brokers must refer to previous convictions of the system initiators Pitter-Kilfitt and Wittke

in the investment fraud case Alpina-Fonds/Icon-Gruppe, Oberhaching, the district court Munich I has a belonging to the club Procon intermediate investment company for breach of disclosure obligations to pay damages sentenced to the injured investors Alpina (Judgement of 14 February 2011, case no 35 O 25839/09). According to the court would have the plaintiff investor to the relevant criminal history of the icon initiators Klaus-Jürgen Pitter-Kilfitt and Anouschka Wittke must be noted, were convicted in 2002 by the Munich District Court for the illegal banking transactions (criminal offense under § 54 KWG) to several months imprisonment . The district court justified that the decision as follows:

has an investment intermediaries to all interested parties information that may have considerable importance for its entry decision, sincere and carefully, in particular to supply complete. This duty is the defendant to 3) (acting through their representatives, to complain to 4)) do not comply.

The defendant has to 4) the plaintiff against the sentences against the defendants to 1) and 2) above, as it this, as he claims, not then known.

The criminal conviction of the manager of the management company as the director and the trustee because of - as here - relevant offense that is appropriate to restore confidence in the reliability of the system as a whole, but also the confidence in proper performance of management duties and to shake the obligations under the trust agreement is, in the opinion of the Court a notice that is of significant importance for any investment decision. The mediator can not withdraw to the position that the crime had nothing to do with the disputed asset, but in connection with a predecessor company were, investors were not the actions harmed directly, and therefore the information for the Alpina 5 Investment meaningless was. Just this assessment, the agent just left the prospective investors, after having first set all relevant information.

Irrelevant is whether the defendant 4) itself actually has been aware of the Judgments. It would certainly be the duty of defendant to 3 have been) to inform itself and the active agent, especially since the trial lasted since April 2000 and searches were carried out. The defendant 3) itself does not deny that it was aware of the criminal judgments. Ultimately, that does not work because the defendant to 3) the judgments in any case should have known.

In highly speculative investment is the mediator according to the prevailing case law already required to verify the integrity of the initiators (OLG Köln, Judgement of 18.06.1999, Az 3 U 106/98). Given the enormous returns in spite of minimal house services to the applicant with plant K 24 have been predicted, is assumed here that have the participation of the intermediary also shown to be highly speculative needs, so that it the increased scrutiny regarding the defendant's duty to 1) and 2) met.

If the defendant to 4) personally said that he had to rely solely on the information in the "Procon" and not even more informed, so it already shows that the manager of the defendant to 3) which is not fully complied with. "

The decision of LG München I is not yet final.

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36 degrees and it gets even hotter ...

Sometimes the idea seems incredible that I've been 6 months in Porto Alegre live. And yet, much has changed.
Neither the Portuguese nor the confusing bus lines now represent more a problem, the map has long been gathering dust on a shelf unused and when I walk through the streets in the center, I do not feel more like a tourist.
one has changed, however, particularly: the weather. Upon my arrival I shocked the unexpected cold that could compete well and be happy with the German winter, now I is added to the Porto Alegre Sische summer. Since mid-December, the thermometer rises code line and often the temperatures climb to 40 degrees. Without my little water bottle I leave the house anymore, not to dehydrate. It is especially difficult at work: no air conditioning, a few decrepit fans, our huge project called T-Sihrts and energetic children forming all the time jumping from left to right, a deadly cocktail. The biggest problem is that it is not cool at night. Who does not have air conditioning (like me) every night is just around the question of "fan but how?"
Without fan is thinking of not sleeping, but at the highest speed up the noise keeps you awake all night. So be on the lowest setting, but also kept in mind the wind does not directly set my face (colds), however, the hair blow, however, that one does not feel any more drafts.
This dilemma ended in the fact that I published 2 months at night several times getting up to the ceiling fan on, switch off or on.
tends Slowly the summer but the end and I'm looking forward to the day in which it Früstücksfernsehen the clock at 7 am does not mean everything at last: "Porto Alegre, sunny, 28 degrees"

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Hello,

the summer holidays are over! This week it was starting back to work, which meant cleaning, tidying up and sorting school supplies distributed to the sponsored children. But it's good to be back "home" for the last 3 weeks I was traveling in southern Brazil.

went off at 07.01. evening when I was picked up the van (a kind Sammeltaxibus) and the never-ending journey to the airport in Cuiaba. For the 200 km I have used 6 hours. But I had enough time since my first flight was in the middle of the night. The next morning I arrived to Sao Paulo to Curitiba.

waited in Curitiba have 2 volunteers that I during my language course met in the North East had and with whom I wanted to spend the next 3 weeks. On the way home from Jhonny (a Brazilian friend has lived in Malchen, 2009 but went back to Brazil and of course I had visited when I'm in Brazil since then schonmal!) I was very surprised at how Europe but here it looks like. It was as if I were flown back overnight to Europe and not in Brazil. That changed when I met the family and at first gave his brother a beer and we were invited the next day at Churrasco. All right, the world is in order: churrasco and beer, yeah I'm still in Brazil.
Curitiba itself is also totally ne nice city and has a very good bus system (to be set apart not only in the journey thus lead. No, it's true).
Here are some impressions of the city:

Botanical Garden

course, if one is allowed in Curitiba, the famous ride on the Serra Verde Express' is not missing. The Express is a train that direction through the mountains, which Curitiba separated from the sea to the sea fährt.Für We therefore went on this train go to sea wonderful views, tunnels and bridges. The train went up in a small town a piece of the colonial period from the sea (where he only goes out on Sundays).

After a few days it was called back by Jhonny and his dear grandmother to say goodbye.

The next goal on the trip: Blumenau, the German city in Brazil, in the 2nd largest Oktoberfest in the world takes place what means! Fran in search of her beloved steak! This search was in vain, unfortunately. Blumenau was deserted ... the so-called Villa Germanica presented itself as a separate park where there were fake half-timbered houses and souvenir shops where beer glasses and were wrong Deutschlandt-shirts sold ... for the coronation of our long-sought Hostel was now a nursing home and we had to stay in a hotel ...

But we still had our fun ... even if we have but mostly just made fun of the supposedly typical German stuff! For those who do not come from Germany, all this is probably really, really German!

root after a stopover in Joinville, a city also of Germany, in Bundestsaat Santa Catharina, a visit to the Ilha São do Sul, we went to Barra Velha, a small town right on the beach.
living here my host uncle David, and he invited me and my friends spend a few days in his house when I'm already so very close. Short for info: David is the little brother of my host mother and was now on New Year's Eve with his family there to visit the rest of the family. A short time had doubled the number of residents here in the house also.

Renata and I

Valdir (guest aunt) and I

David and I thought

that I had to take a look there, was probably already the last time this year that I've seen the part of the family ....

The next destination on the itinerary was the capital of the State of Santa Catharina ...
Florianopolis.Florianopolis located on the island "Ilha de Santa Catharina, and is connected by a bridge with the Mainland. The island is very pretty and has great natural rain forests and beaches to offer. We liked it pulled into the south of the island, which still is not as touristy .. there are many beautiful beaches and some nice little villages ...

As you can see, unfortunately, on the last picture was the weather at the end is no longer good and the whole island was as it were under water ... So we headed to the final destination of the trip, which should be a 15-hour bus ride, the destination for I was and at the same time clearly for me the highlight of my trip was south.
Foz do Iguaçu ....

in a nice hostel we are staying and I did the first time after a long time met other people speak German or, at least in German. It was really quite funny! Besides a trip to Paraguay (Foz de Iguacu is located at the 3 countries and Paraguay, Argentina, Brazil), a visit to the "market" (the whole city is out of this market). there, on the one can buy everything you want, for little money .. Standen, of course, the Iguassu Falls at the top. We have skillful with the Brazilian side of the falls ... incredibly impressive and easily beautiful! Can we get run over bars close to the falls.
On the same day we also went to the "Parque das Aves (Bird Park). There was then a small childhood dream of mine ... was an Arara has been sitting on my shoulder, P. I have also saved by my great year visa and my hand-written note from the Policia Federal money and have a reduced admission for Brazilians paid: P

is also an attraction in Foz the Itaipu dam. This dam is incredibly huge and located in the river "Rio Parana", which separates Brazil and Paraguay .. there is sufficient energy produced by 90% of energy from Paraguay and 22% of energy cover of Brazil. With a bus there, we made a little tour.

The visit to the Argentinieschen side of the falls has been incredible ... Here you can get close to the so-called Devil's Throat approach .. dirket crashed down under the feet of the water, how deep can not tell you because you sheer spray sees nothing and totally wet. A little trip with the boat I could not pass up ... also great ... we are 2 smaller waterfalls down underneath .. I'm really long time until I was again quite dry ... although it was really hot ...
I respond best simply let the pics:

And then we went back "home" after Rondonópolis where I have from my host parents and all my Arbeitskollgen was expected.

soon Franzi

Is There Any Ongoing Research For Albinism

re-sixth home


1 month, 2 countries, 6 cities, 1000 unforgettable moments!

My monthly backpacking in South America was a very special experience that I have experienced and seen an incredible amount:
From white sand beaches to snow-capped Andes,
Krokdilburgern from ham sandwiches to,
of the Christ statue to the Virgen de Cotoca;
of piranhas to llamas,
of Bikini to Apacaschals,
of Caipirinha to coca tea
and the Copacabana (Atlantic) to the Copacabana ( Lake Titicaca)

On the plane back home while I was a bit sad that the adventure is over, but fortunately I still stuck in the middle of the adventure, "Brazil".
Some days I still leave, but then again, this blog provides you with a brand called about my life in Porto Alegre, my experience in my everyday life and Cesmar between caipirinha and chimarrão!

Court In Queensboulevar

Stop - La Paz





fell by 3.5 weeks infernalischr heat me to La Paz on the first: that's pretty cold here! When planning my itinerary, I had underestimated the level (3640 meters!) But a little thing I was at the airport immediately clear that, because of altitude sickness while attempting my Koff he propelled to the Gepäcktrolli, almost toppled from the mountain pines.
Luckily I found myself not alone: in la Paz, I visited Mauricio, also ex-exchange student in Osnabrück, the expert advised me to coca tea, the only cure for altitude. Rather reluctantly I sipped the brew, the a bit of a smell of grass to long-stored (and tasted!), but headache, dizziness and nausea disappeared by actually. That was also very well, because for La Paz you really need all his powers, dei city is simply breathtaking! Embedded in the middle of the Andes grow the red brick house up the mountains and the ubiquitous mountains turned even you drive to the supermarket in experience.
After Santa Cruz de la Sierra, almost a little reminiscent of Brazil, was living in La Paz something quite different: much colder, much more rugged, much of Andean.
on the market cavorting Cholitas, dressed in the typical costumes, with round hats on his head, carrying their babies in colorful blankets on their backs; Indian woman with long braids and gold teeth prickly pears sold in the streets o of reading the destiny of the set of coca tea, in small stalls, which were alasitas, houses , cars, study certificates and everything you can imagine, in miniature, and allegedly sold you get everything you buy here and be blessed by the shaman, in real life. to escape







To the bustle of the center with its markets, bazaars and food stalls, we went to a disabled child of the many Mountains that surround La Paz. La Muela del Diablo ", one of the landmarks of the city, prepared us a nervenaufreibeneden rise because the taxi is no longer any time progressed and we had to run on foot. Since there was no way yet railing or rope, which was quite a rush, but the view was worth it: On one side of La Paz on top, on the seemingly endless annd the Andes.
This trip was just one of many highlights that it has to offer La Paz: The others were "valle de la luna", a National Park, where it looks like on the moon and of course the Titicaca Lake, 2.5 hours and 3 € from La Paz. The highest navigable lake in the world impressed me especially m with its panorama: the blue waters surrounded by snow covered peaks, the yellow reed boats of the fishermen and the llamas on the lush green hills. The only problem was the temperature: it depressed me a bit to wear a winter jacket in the summer! ;)
La Paz was the culmination of an amazing journey that I will never forget!

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5th Stop - Santa Cruz de la Sierra


2.5 weeks after we had traveled through Brazil and had seen from the beach through caves and jungle is, I went to Bolivia to something to explore more than just my host country on the big trip.
The first stop in Bolivia Santa Cruz de la Sierra, where I visited Laura, who last year spent in school exchange in Osnabrück. When they parted at the railway station, she invited me to his house and since I was now in a neighboring country, I wanted an opportunity not to be missed!

After I cleared the first hurdle, one from the travel agent booked wrong flight, (which cost me a lot of time and money), stood at the second hurdle: speak English!
The language that was almost to my exchange year in Costa Rica became a second mother tongue, sounded in my ears suddenly as Japanese and I hardly got a liquid flow over the Lips, to present the Portuguese in the head .
So I stammered at the welcome gibberish to right, but fortunately are foreign languages seems like riding a bicycle: you do it never quite forgotten.
within 2 days was all there again and I could enjoy my vacation language barrier-free. Together with Laura exploring Santa Cruz, the largest city in Bolivia and the environment, characterized by great contrasts: In bontanischen garden I felt the face of the parrots, monkeys, palm-sized butterflies, and the impenetrable green as the rain forest, but barely 20 minutes later, in shadow de palm trees in the village square, played on the older men with hats chess, I felt the calm of a sleepy Latin American city. We visited the pilgrimage church of Cotoca, ask the believers to wonder and Monseñor, the in-district Santa Cruz in which string together trendy bars and cafes. Angsichts of Brazil compared to dirt-cheap prices, I also tried me by kulinarisc Hen specialties of the region, with me, "Sonso," a crowd of yucca and cheese, the most enthusiastic and remained for a little shopping can wait. In the evening I got to know the nightlife or cruzeñische we recovered from sightseeing to a cold beer by the pool in Laura's Services: 6 months after we had not seen, there was also a lot to tell!
unfortunately gave me my short summer holiday no more time in Santa Cruz and I moved to a week even further into the first final destination.
Things are looking up - to La Paz!

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summer vacation ...

Ah summer ... I'm not saying that I will soon have summer vacation again .. But they are here and I'm in the middle .... it goes on Friday night allowed to enter the Vacation:) With 2 volunteers from Araruna (-> Language Course) I will 3 weeks long to make the south of Brazil uncertain ...

But now a half first to the last few weeks.
.... Christmas was different than in Germany! what may have also leaned on the little mangelden Christmas spirit, which for me at this temperature did not want to pay just so real. Celebrated in the house was my host aunt with the whole extended family. On 24 , my host mother and I but still managed to actually place zubacken .. really all in the family loved these cookies and they had already eaten the next day before lunch.

Christmas Eve then has skillful for me and my host mother with the church ... just in time for reading, we arrived and I of course had the appearance of our children from the Youth Center II at the beginning of the service missed (my host brother was driving the car and should we go to church, he had forgotten, and because it was raining, we had no other choice than to wait him )
The food at Christmas should be organized by the grandchildren and cooking, since I somehow also a "grand" bin, I should also help. But since I'm in Brazil, everything was chaotic and I have my part, then helped with the dishes: D
Churrasco With lots of beer and went there then the next day. My conclusion for Christmas: Churrasco + beer + chaos + fun + good mood = typical Brazil

New Year's Eve has returned to the whole family gathered in the house of my host aunt .... on time that day is also the host uncle, who lives with his family in the south arrived! They live for a week now still in our house .... so it is here in the beautiful loud!!
clean celebrated the new year was a good boy with a white dress (which is custom, brings peace for the next year). On January 1 there was still a lunch and a get-together with lots of beer ....

My host mother, Gastoma, visiting aunt, visiting aunt, I, visiting aunt (for info: I'm really getting sunburned AND WOULD only in comparison soo white cheese !!!!!!)