The brokerage contract is, in Germany, a contract under private law, by which itself the client obligates to pay the broker for the switching of a contract or the proof of the opportunity for the conclusion of a contract a remuneration (broker wages). The brokerage contract does not require a special form. He can come in writing, verbally or also by conclusive behavior.

In the civil law book (BGB) this contract type (still under the outdated designation ) in the regulations of the BGB is regulated. Apart from general regulations also the loan switching contract between an entrepreneur and a consumer is treated there, with whom special protection regulations exist the legal relations in favor of the consumer (BGB), as well as during the marriage switching (BGB).

Brokerage contract in insurance

The brokerage contract regulates excluding the interior relationship between the insurant and the insurance broker. Therefore also the brokerage contracts are to be insurer-accepted not of. The external relationship between insurants, insurers and insurance brokers is usually regulated by an authority.

The brokerage contract is subject to notice due to the special bond of trust, which is brought to the insurance broker by the insurant, at any time without indication of reasons in accordance with BGB.

Point catalog

In order to avoid bad states within the range of the insurance agency, the general association of the German insurance economy (GDV) and the association of German insurance brokers (VDVM) negotiated - today Federal association of German insurance brokers (BDVM) 1980 one "„point catalog for the avoidance of an abusive arrangement of brokerage contracts "“, which 1981 stepped into force. It is in such a way laid the determination out of the point catalog that they come to meet the legal supervision of the Federal Institution for supervision of financial service (BAFin). The point catalog is the interests of the insurants to consider (consumer protection) and a fair competition among brokers ensure.

Although the point catalog in accordance with GWB at the supervisory authorities (BAFin and Federal Cartel Office, is not he was announced not obligatory right.

Contents

• The contract is to be called brokerage contract.
• The broker must indicate the complete company in the contract as auxiliary designation insurance or Assekuranzmakler.
• The purpose of the insurance agency must be placed clearly out. An obligation alone on the administration and support of insurance contracts is not permissible.
• The completion of the damage adjustment may take place only for the insurance contracts, which the broker obtained.
• The broker should not require Ausschliesslichkeitsvermittlung of his customers.
• The broker may not implement its activity free of charge.
• If broker authority is agreed upon to the conclusion more again or for the notice of existing insurance contracts, then these are to be called expressly such.

See also

• Real estate agent
• Consumer loan
• Personnel mediator
• Insurance broker

Articles in category "Brokerage contract"

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