To which extent are private pensions in lifeinsurances protected in case of bankruptcy?

Johannes Fiala, MBA

Doctoral thesis

Anotácia:

The German State promotes the setting up of private pension insurance from a tax perspective, in particular via life insurance. This is done with the aim of citizens not being dependent on social benefits when they reach old age (principle of subsidization). This is contrasted with the interests of the creditors of the citizens whose monetary claims are protected by the protection of property requirement of the constitution. The building up of assets and asset protection among citizens therefore involves tension between the interests of creditors and realizing retirement pension assets. Taking life insurance as an example, the investigation shows that protection of creditors in Germany is predominant. Protection of the life insurance asset dominates in Switzerland and even more so in Liechtenstein. From the point of view of welfare economics, Germany offers assets protected against enforcement, which only protects pension payments below the subsistence level. Life insurance in Switzerland and Liechtenstein offer "homo economicus" -- above all the self-employed -- additional asset protection for taking care of the family.

Abstract:

The German State promotes the setting up of private pension insurance from a tax perspective, in particular via life insurance. This is done with the aim of citizens not being dependent on social benefits when they reach old age (principle of subsidization). This is contrasted with the interests of the creditors of the citizens whose monetary claims are protected by the protection of property requirement of the constitution. The building up of assets and asset protection among citizens therefore involves tension between the interests of creditors and realizing retirement pension assets. Taking life insurance as an example, the investigation shows that protection of creditors in Germany is predominant. Protection of the life insurance asset dominates in Switzerland and even more so in Liechtenstein. From the point of view of welfare economics, Germany offers assets protected against enforcement, which only protects pension payments below the subsistence level. Life insurance in Switzerland and Liechtenstein offer "homo economicus" -- above all the self-employed -- additional asset protection for taking care of the family.

Kľúčové slová

bankruptcy, creditor protection, asset protection

Keywords

bankruptcy, asset protection, creditor protection

Jazyk práce: English

Datum vytvoření / odevzdání či podání práce: 11. 3. 2015

Obhajoba závěrečné práce

• Vedúci: doc. JUDr. Ing. Radek Jurčík, Ph.D.
• Oponent: Eva Vávrová, Ph.D., doc. Ing., Peter Markovič, externi, Oldřich Hájek, externi

Mendel University in Brno

Faculty of Business and Economics

Doctoral programme / odbor:
Economics and management / Business management and economics