Questão jurídica principal
Whether the pension fund validly rescinded the pension contract in time under Art. 6 VVG and could therefore reduce overobligatory disability benefits.
Decisão extraída
No valid and timely rescission declaration was established; the fund's denial of overobligatory benefits was therefore unjustified.
Fundamentação extraída
The letters of 13 and 20 November 2007 were correctly not treated as rescission declarations; a rescission only appeared in the lawyer's communication of 11 December 2008. This was too late given the four-week forfeiture period, and the fund should have concretized any suspicion in time.