Security certificate
The insurance certificate is in the business a certificate that a secured party should guard against that granted him security replacement sets or advance by the insolvency of the tour operator can not be refunded.
General
The insurance certificate documents the acknowledgment ( backup confirmation ) that in the event of insolvency of the debtor one of this one third over to be rendered performance is insured and the insurance of the debtor to its creditors liable . The security certificate occurs in banking , insurance , leasing , travel law or retention of title . The security certificate requires at least three contracting parties, namely a lender (security buyer ) , borrower ( security seller ) and a third party ( insurance company ) in the banking sector .
The purpose of security notes is to protect lenders, credit institutes, lessors, travelers or conditional sellers from the consequences of the loss of the affected item without replacement or the advance payment due to the tour operator's insolvency. They were from the insurance industry developed to provide a map for the furniture for collateral insurance of real estate to create rules §§ 94 to 98 SGA suitable arrangements.
General legal issues
The security certificate is a typical declaration that the insurer generally makes in this type and form to the policyholder's lender. The contractual legal relationships established by the security certificate between the insurer and the insured person arise at the moment when the insured person receives the security certificate sent to him. The security certificate confirms the existence of cover ( insurance cover ) and includes the obligation of the insurer to notify the beneficiary of the security certificate of an insured event. It may also contain a clause according to which the insurance company waives its rights under Section 81 (2) VVG in the event of grossly negligent causing the insured event. If the insurance company issuing it enters into legal relationships with the addressee named therein by submitting a security note, then it is also responsible for ensuring that the information it provides about the existing and continuing insurance cover is correct. The endangerment of the rights of the insured person due to their dependence on the behavior of the policyholder can be excluded by special agreements between the parties involved.
content
The insurer confirms the existing scope of insurance in the security certificate. At the same time, the insurer declares that it will inform the protection buyer or lender if
- the policyholder (= leasing or borrowing) the insurance announces or change the scope of insurance,
- a claim has occurred (the policyholder can no longer freely dispose of the insurance benefit),
- there is a premium arrears (the leasing or lender has the right to settle the outstanding premium in order to obtain insurance cover).
In addition, the insurer confirms that in the event of an insured event, it will pay the creditor (lessor, lender).
Banking
In banking, loan collateral is provided by the security agreement. It also contains regulations that the borrower (or a third security provider) - who may continue to use the loan collateral - must (continue to) insure it against the usual risks and pay the insurance premiums for it . This includes all insurable risks of loss , theft , damage or destruction. In addition, he undertakes to provide the financing bank with a security certificate (security confirmation) from the insurance company. This security certificate has generally lost its practical importance in banking.
Transfer by way of security
If the insured item is sold by the policyholder in property insurance , the purchaser takes over the rights and obligations of the policyholder as the "insured party" resulting from the insurance relationship for the duration of his property in its place , in accordance with Section 95 (1) VVG. To such sale includes the transfer of ownership or sale of accessories . According to this provision, the purchaser becomes a new policyholder.
The transfer of ownership of accessories (factory vehicles, machines or built-in furniture from series production; accessory insurance certificate ) as well as warehouses ( goods security certificate ) relates to objects that are usually insured before they are assigned by way of security. The usual insured risks are fire, burglary or theft. Lenders can require borrowers to have their insurance company issue an (accessory) security certificate. The security certificate obliges the issuing insurance company to inform the security buyer of the insured event that has occurred and to make compensation payments only to the latter.
Security transfer of motor vehicles
When motor vehicles are transferred by way of security, the protection buyer has a legitimate interest in ensuring that, in the event of damage from property insurance, their insurance compensation is used to restore the vehicle and does not go to the insured protection seller. The lender is to be protected by the vehicle security certificate from suffering a loss through the destruction of the vehicle that has been assigned to him for the loan as security, usually the only security. This interest is expressed in the security contract, so that the insurance obligation ( comprehensive insurance ) and the procurement of the vehicle security certificate result from the security contract. The vehicle insurance certificate is insurance for the account of a third party in accordance with Section 44 (1) VVG. Only the policyholder can request the transfer of the security certificate. The insurer is only obliged to pay the policyholder if the insured has given his consent to the insurance ( Section 45 (3) VVG). The insurance company must vouch for the correctness of the information given in the security certificate to an honest holder of a vehicle security certificate.
Mortgage guarantee certificate
In mortgages ( mortgage , mortgage , land charge ) the lender requires real estate financing in the security agreement, the procurement of a so-called mortgage guarantee certificate (deprecated "Real right application"), which in building fire insurance, the insurance according to § 142 para. 2 VVG committed to the occurrence of the loss to the creditor to display. The latter may then demand payment of the insurance compensation from the security certificate. When the insurance compensation is paid, § 142 VVG even provides for a legal assignment of the mortgage in favor of the insurance company. For the property accessories, in turn, an accessory security certificate can be considered if business content insurance is in place .
leasing
The lessor's interest in the leased property is insured because, as its owner, it bears the material risk. Security certificates are only issued if it is an insurance policy for third-party accounts in accordance with Section 44 VVG. A security certificate has the effect that the lessor receives the insurance cover without the legal consequences of § § 95 ff. VVG; this is particularly important with regard to the obligation to notify according to § 97 VVG. If the policyholder (lessee) is insured himself, he must waive the assertion of rights in his own name ( Section 45 VVG). Often the handover of the security certificate is the contractual requirement for the handover of the leasing vehicle.
Travel system
In the case of package tours and related travel services , the security certificate is called the travel security certificate . Unlike the previous security certificates, the travel security certificate is a deposit guarantee from a bank or an insurance company that protects the advance payments or advance payments made by the traveler on the travel price in accordance with Section 651r (3) BGB , Section 651t BGB in the event that the tour operator becomes insolvent. This insolvency insurance must cover the following risks:
- Repayment of prepayments already made and
- Reimbursement of expenses for the return transport of travelers from the vacation spot to the planned end point of the trip. However, the traveler is responsible for organizing the return journey; the insurer does not need to provide any organizational assistance.
Anyone who only buys individual tourist services (“modules”) or books day trips will not receive a security certificate.
Tour operators who only organize trips occasionally and outside of a commercial activity, as well as tour operators in the legal form of a legal entity under public law are also not obliged to issue a security certificate.
Retention of title
If someone sells a property insured vehicle subject to retention of title, this seller with retention of title has a legitimate interest in ensuring that, in the event of an insured event, compensation is used to restore the vehicle and does not go to the buyer. The legal relationships correspond to those of the transfer by way of security.
purpose
The purpose of the security certificate is to prove the existence of an insurance policy to the security buyer and to deprive the policyholder of the right of disposal over insurance compensation and also ensures that the policyholder is obliged to notify the security buyer.
Others
The security certificate must not be confused with the insurance certificate ("policy"), which is a document about an insurance contract that has been concluded.
International
In Austria , the EU Package Travel Directive was implemented by the Travel Agency Security Ordinance (RSV). According to § 3 Para. 1 RSV, the organizer must ensure that the traveler is reimbursed for the payments already made (down payments and remaining payments), insofar as the travel services were not provided in whole or in part due to the organizer's insolvency, and the necessary expenses for the return trip, which arose as a result of the organizer's insolvency. In accordance with Section 3 (3) RSV, the organizer may choose between coverage through an insurance contract or an irrevocable and abstract bank guarantee . Both must extend their coverage to all bookings that are made during the term of the contract or the extended liability period and for which the booked trip ends no later than twelve months after the extended liability period has expired.
In Switzerland , package tours are only insured if the tour operator is affiliated to the "Swiss Travel Industry Guarantee Fund", which has existed since 1993. It was established on the basis of the Federal Law on Package Travel , which came into force in July 1994 . According to Art. 18 of this law, the organizer or the agent must ensure the reimbursement of amounts paid and the return trip of the traveler in the event of insolvency or bankruptcy. This means that customer funds are fully secured in the event of the provider's bankruptcy before departure.
Web links
Individual evidence
- ↑ Fred Wagner (Ed.), Gabler Insurance Lexicon , 2017, p. 841
- ↑ Nicole Niessen, The legal effects of insurance for third-party account with special consideration of the internal relationship between the insured and the policyholder , 2004, p. 84
- ↑ BGH NJW 1963, 1052
- ↑ BGHZ 40, 297 , 301
- ↑ BGH NJW 1963, 1052
- ↑ BGHZ 40, 297, 303
- ↑ BGH VersR 1979, 176
- ↑ Verlag Dr. Th. Gabler, Gablers Wirtschafts Lexikon , Volume 5, 1984, Sp. 1236
- ↑ Werner Felkau / Jens Nielsen / Klaus Kohler / Theodor Heinsius (eds.), Bankrecht , 1975, p. 147
- ↑ Ernst Bruck / Hans Möller (eds.), Commentary on the VVG: Kraftfahrtversicherung , Volume V, 1994, p. 242 ff.
- ^ BGH, judgment of November 25, 1963, Az .: II ZR 54/61 = BGHZ 40, 297 , 301
- ↑ BGH NJW-RR 1986, 21
- ↑ Hans-Friedrich von Ploetz, The leasing contract: essence and content of leasing contracts , 1968, p. 55 f.
- ↑ Nico R. Skusa, manual Leasing , 2012, p 146
- ↑ The travel agency as a tour operator when combining several individual services at the customer's request? April 23, 2004, archived from the original on April 23, 2004 ; accessed on August 29, 2018 .
- ↑ Ernst Bruck / Hans Möller (eds.), Commentary on the VVG: Kraftfahrtversicherung , Volume V, 1994, p. 242
- ↑ Nicole Niessen, The legal effects of insurance for third-party account with special consideration of the internal relationship between the insured and the policyholder , 2004, p. 117
