Publication details

Verzinsung der Neuwertspitze nach § 91 VVG und § 94 öVersVG

Title in English Interest on the new value peak in accordance with § 91 VVG and § 94 öVersVG
Authors

SARIA Gerhard

Year of publication 2024
Type Article in Periodical
Magazine / Source Versicherungsrecht (VersR)
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Keywords § 91 VVG; § 94 öVersVG
Attached files
Description The problem of interest on the new value peak in accordance with§ 91 VVG and § 94 öVersVG appears at first glance to be a practically at first glance a question that is both practically significant and easy to answer. question. Nevertheless, even a brief examination of of German and Austrian case law and doctrine and doctrine shows that there are only a few e. ‘Plicit opinions on this subject exist and the dogmatic status can be described as inconsistent. To be characterised as inconsistent. In the present work not only a viable dogmatic foundation for the assumption of a obligation based on Section 91 VVG and Section 94 öVersVG to pay interest on the new value peak on the merits, but also, on the basis of the relevant the two practically most important aspects of the obligation to pay interest aspects of the obligation to pay interest - commencement of interest and suspension of the accrual of interest - are analysed in more detail. are analysed in more detail.

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