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Into the life insurance one divides insurance the whole of the insurance contracts since the Deregulierung into the previous stock level and the new existence. While to the previous stock level the regulations before the adjustment continue to apply, the new existence is the deregulierte existence. Thus in particular the authorized business plan continues to apply in the previous stock level.

Demarcation

After "§ 11c of the law of supervision of insurance (VAG) before 29 July 1994 the locked life insurance contracts belong to the previous stock level. After a EEC guideline far before 31 December 1994 the locked contracts belongs to the previous stock level, if they are materially final after the same tariffs. The contracts, which do not belong to the previous stock level, form the new existence.

With burial funds as well as with pension funds, with those an statement after "§ 156a paragraph 3 sentence 5 VAG was not met ("adjusted pension fund") the distinction between old and new existence is not met: Here the regulations apply to the previous stock level.

Meaning

Commercial law

In the previous stock level the authorized business plan continues to apply in its entirety. Changes like a re-valuation of the covering resetting require the permission of the supervision of insurance.

In the new existence against it the calculation is free in the context of the legal regulations. Thus the covering resetting regulation e.g. applies explicitly only to the new existence.

In consequence the responsible person registrar under the balance for the new existence confirms the agreement of the computation of the covering resetting with the legal regulations. For the previous stock level beyond that the agreement with the authorized business plan confirms.

Treaty right

In the previous stock level the business plan is part of the insurance contract, even if it does not admit to the insurant is.

In the new existence the appropriate regulations are to be agreed upon against it in general conditions of insurance explicitly with the insurant.

The business plans of the previous stock level can be changed with agreement of the supervision of insurance. In the new existence the clauses of a contract under certain conditions can, e.g. in case of invalid regulations, with agreement of an independent trustee to be changed can.

Surplus participation

Also for the surplus participation the ZRQuotenV meets different regulations for old and new existence, the discharge of a larger liberty in the rating in the new existence is.


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