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Federal Constitutional Court – Accrued gain and provision
In court, matters are supposed to proceed justly. But there are also unjust courts and unjust judges, who
make unjust decisions. The Constitution tries to define justice: Equals should treat equally, and unequals
unequally.
The Alliance for Democracy would however like to report the following case:
Mr. Müller buys an apartment for € 150,000 as a capital investment. Mr. Müller is good-natured, and gives the
apartment to his wife as a gift. He may however reclaim the gift if he and his wife are divorced. Unfortunately,
this happens. But Mr. Müller was well advised. He revokes the gift and gets his apartment back. He loses nothing.
Mr. Meier on the other hand was badly advised. He buys a life insurance policy instead of an apartment - for a
single payment of € 150,000. Mr. Meier too is generous, and names his wife as the beneficiary for the additional
surviving dependent’s insurance. It comes to the point of divorce. He revokes the entitlement of his ex-wife. But
now comes the rude awakening: the court awards his wife half the value of the life insurance.
Mr. Müller still has his € 150,000; Mr. Meier only € 75,000. How can that be? The Alliance for Democracy has put
this question to the Federal Constitutional Court, and is eagerly awaiting an answer.
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