Decree of the Ministry of Finance of the Czech Socialist Republic No. 11 / 1983 Coll.

Q: Is Decree of the Ministry of Finance of the Czech Socialist Republic No. 11 / 1983 Coll. still valid?

Yes, Decree of the Ministry of Finance of the Czech Socialist Republic No. 11 / 1983 Coll. is still valid and effective.

11

DECLARATION

Ministry of Finance of the Czech Socialist Republic

of 19 January 1983

on insurance conditions for property insurance

The Ministry of Finance of the Czech Socialist Republic provides pursuant to § 508 paragraph 1 of Civil Code No. 40 / 1964 Coll., as amended by Act No. 131 / 1982 Coll.:

ČÁST PRVNÍ

COMMON PROVISIONS

§ 1

(1) The Czech State Insurance Company (hereinafter referred to as "the Insurance Company") is negotiating

1. insurance in the event of damage or destruction of a thing by natural events,

2. insurance in the event of damage or destruction of a thing by water from water facilities,

3. insurance in the event of damage, destruction, theft or loss of goods in domestic transport;

4. theft insurance,

5. insurance in the event of intentional damage or intentional destruction,

6. insurance against damage, destruction or theft of a motor vehicle,

7. insurance in the event of death, necessary slaughter or killing of an economic animal or permanent loss of breeding.

(2) Insurance undertakings may also negotiate other types of property insurance. If such insurance is not covered by specific provisions or by an insurance contract, the provisions of this Order, which are the nature and purpose closest to it, shall apply mutatis mutandis.

§ 2

Insurance covers insurance events occurring in the territory of the Czechoslovak Socialist Republic during the life of the insurance, unless it is agreed to concern insurance events occurring outside its territory.

Conclusion of the insurance contract

§ 3

An application for the conclusion of an insurance contract may not be in writing if the insurance is agreed for a maximum period of one year.

§ 4

The contract shall always specify which items are insured and which claims give rise to the right to be satisfied.

Insurance

§ 5

One can insure an individual item (construction, motor vehicle, etc.) or a set of movable items (household equipment, live and dead inventory, etc.).

§ 6

(1) Other property (Paragraph 370 of the Act.) can be insured only if it is a matter for another citizen.

(2) A citizen may insure a matter which is owned by (administration) a socialist organisation if he can use it for his own purposes on the basis of an authorisation; However, it may not insure the matter entrusted to it by the organisation of which it is a worker or member.

§ 7

(1) When insurance of a set of movable goods has been agreed, insurance also covers matters that have become part of that set after the conclusion of the insurance contract. Things that stopped being part of the file stop being insured.

(2) The provisions of paragraph 1 shall also apply to matters which are not the property of the insured but which, by virtue of authorisation, are of the same nature as those which constitute the insured file.

§ 8

If a set of household facilities is insured, it concerns insurance against claims affecting insured goods

(a) in the apartment referred to in the insurance contract or in the apartment in which the person who has concluded the insurance contract with the insurance undertaking has moved, during the life of the insurance, with the insured set of household facilities, or in the premises and premises belonging to the house in which the apartment is situated;

(b) at the premises of organisations providing services to the population (repair, cleaning, laundry, etc.), but only if the insured event was a natural event referred to in Section 14;

(c) at a place other than the apartment referred to in (a), if the insured person was wearing or carrying the insurance claim at the time of the insurance event, or if the insured person has put it on the spot for that intended or usual. The insurance shall not apply to the theft of an item postponed in a public transport vehicle; However, the insurance undertaking shall be obliged to perform, if it is a bicycle, a baby stroller or a non-motorised wheelchair intended for disabled persons, or if the offender has been identified as referred to in Paragraph 20 (3) (b).

Payment of premiums

§ 9

Article 359 of the Civil Code to which premiums due may be paid (1) may be extended by up to three months before they expire.

Termination and change of insurance

§ 10

(1) The change in the person of the owner of the insured item of insurance shall cease. However, if such a thing is a construction and the ownership of another citizen is taken over in the insurance period for which insurance was paid before the transfer of ownership, the new owner shall enter into insurance instead of the existing owner (Section 367 Circular Act.); However, if, before the expiry of that insurance period, the insurance undertaking notifies that it will not continue the insurance, the insurance shall cease to exist.

(2) By the end of the insurance period for which insurance has been paid, a citizen who has become

(a) a new owner of a motor vehicle with an assigned registration number;

(b) an heir, if it is another movable item.

(3) The insurance also ceases to exist by destroying the insured item or by failing otherwise the possibility of an insurance event occurring on the insured item.

§ 11

(1) If the non-joint ownership of the spouses by death or by declaration of death of the spouse who has concluded an insurance contract for a matter belonging to the non-joint ownership of the spouses, the surviving spouse shall enter into insurance in his place, if he remains its owner or co-owner. This also applies to insurance of a set of things.

(2) If the non-joint ownership of the spouses does not take place otherwise than for the reasons referred to in paragraph 1, the spouse to whom the insured thing was acquired in the settlement procedure laid down in Paragraph 149 of the Civil Code shall be deemed to have entered into the insurance contract. This also applies to insurance of a set of things.

(3) If a set of household facilities is insured, the insurance of those items which are not part of the set of household facilities of the spouse who remained the user of the apartment in which the household was shared shall cease. In other cases, the insurance shall continue to apply to the family of the household of the spouse mentioned in the insurance contract or who, after the disappearance of the joint ownership, paid the insurance if both spouses are mentioned in the insurance contract.

Obligations of the insured

§ 12

If the insured person finds, after notification of the insurance claim or after payment of the performance of the insurance undertaking, that the lost or stolen item concerned by the insurance claim has been found, he shall notify the insurance undertaking without undue delay. The insured person shall be obliged to return to the insurance undertaking its performance after deduction of the reasonable costs of correcting the case if they are necessary to remedy the defects which arose at the time when he was deprived of the possibility of handling the case, but at least what he would have received when selling the case through the relevant socialist organisation.

§ 13

The obligation of the insured under Section 357 of the Civil Code is also

(a) notify the safety authorities of an insurance event which has arisen in circumstances of suspected or attempted crime if damage has been caused by more than Kčs 300;

(b) to wait with repair of a case damaged by an insurance event or with the removal of the remnants of an item so destroyed at the instructions of the insurance undertaking, but not more than 3 days after notification of the insurance event to the insurance undertaking, if, for safety, hygiene or other serious reasons, it is not necessary to start the repair or removal of the residues earlier;

(c) ensure against another right to compensation for damage caused by an insurance event, in particular to lodge a claim where the insured person is entitled to it as a result of an insurance event, in accordance with the relevant regulations. 2)

ČÁST DRUHÁ

INSURANCE SPECIES

Insurance in the event of damage or destruction of a property event

§ 14

(1) Insurance in the event of damage or destruction of a property event gives rise to a right of performance if the insured thing has been damaged or destroyed

(a) by fire,

(b) by explosion,

(c) lightning,

(d) by storm,

(e) floods or floods;

(f) hail;

(g) landslide, rock or earth collapse;

(h) slide down or fall down avalanches;

(i) the fall of trees, masts and other objects if they are not part of the damaged insured item or of the same set;

(j) earthquakes at least grade 6 of the international scale indicating the macroscopic effects of earthquakes (MCS).

(2) If the household's facilities are insured, the right of performance is also provided if the damage to the insured goods was caused in the apartment [§ 8 (a)] by water from atmospheric precipitation.

(3) If the building is insured, the right of performance is also provided if the damage was caused by snow or frost.

§ 15

The right of performance also arises when the insured case has been damaged, destroyed, stolen or lost in direct connection with an event referred to in Paragraph 14 which occurred during the life of the insurance.

Insurance against damage or destruction of a thing by water from water installations

§ 16

(1) The insurance in case of damage or destruction of a thing by water from a water plant gives rise to a right of performance if the insured thing has been damaged or destroyed

(a) water leaking from water facilities or tanks;

(b) liquid or vapour leakage from central, ecstatic or remote heating;

(c) water leaking from the drain pipe.

(2) If the building is insured, the right to be charged for damage to the supply line of the water supply plant, the supply line or the piping or heating bodies of the central, ethic or remote heating, if overpressure of the liquid or steam has occurred or water freeze.

(3) The right to supply is not applicable if the central, ecstatic or remote heating boilers, fittings and equipment connected to the pipeline have been damaged or destroyed otherwise than by leakage of liquid or steam.

§ 17

The right of performance also arises when the insured case has been damaged, destroyed, stolen or lost in direct connection with an event referred to in § 16 which occurred during the duration of the insurance.

Insurance against damage, destruction of theft or loss of goods in domestic transport

§ 18

(1) The insurance in the event of damage, destruction, theft or loss of the item during transport gives rise to a right of performance if the insured item has been damaged, destroyed, stolen or lost in the course of transport and transport related operations. However, insurance does not apply to money and jewels.

(2) The transport of the insured item shall begin with the placing on the move of the item, with a view to its immediate taking over or loading on the means of transport at the place of departure, and end with the issue of the item to the consignee at the place of destination, but no later than 30 days from the date on which the item arrived or was intended to arrive.

§ 19

(1) There is no right of performance where the insured case has been damaged or destroyed as a result of:

(a) insufficient packaging,

(b) internal destruction;

(c) by the action of atmospheric heat or cold.

(2) However, the insurance undertaking shall also be obliged to comply in the cases referred to in paragraph 1 where the insurance event has occurred in the immediate context of a natural event, a traffic accident or exceeding the delivery periods in accordance with the transport rules and tariffs of public transport organisations.

Insurance against theft

§ 20

(1) An insurance for the theft of a case gives rise to a right of performance if the insured case has been stolen in a manner in which the offender has overcome obstacles or measures protecting the case against theft.

(2) However, if money, items of art, historical or collectiveprice, jewels or other valuables have been stolen, the right to be filled is only if they have been stolen from locked rooms intended for living or from locked boxes.

(3) If the insured case has not been stolen in the manner referred to in paragraphs 1 and 2, the right of performance shall arise,

(a) if a bicycle, baby stroller or non-motorised wheelchair intended for disabled persons has been stolen; or

(b) if the offender has been identified in accordance with a final decision terminating criminal proceedings in connection with the theft of the insured case, even if the offender has not been convicted of an offence or offence.

(4) The right of performance shall also arise if the offender has stolen the insured goods by using immediate violence against the insured; the condition of entitlement to the performance referred to in paragraph 2 shall not apply here.

§ 21

The insurance undertaking shall also be liable for damage to or destruction of the insured item or building component of the room or container, the content of which is insured, which was caused by acts aimed at alienating the insured item.

Insurance against intentional damage or destruction

§ 22

The insurance in the event of intentional damage or intentional destruction of the case shall give rise to the right of performance if the insured case has been intentionally damaged or intentionally destroyed by a person other than the insured or a person inclose to him or a person living with him in the common household. The condition of the right of execution is that the offender has been found to have been subject to a final decision terminating criminal proceedings, even if the offender has not been convicted for an offence or offence.

Insurance against damage, destruction or theft of a motor vehicle

§ 23

(1) The insurance against damage, destruction or theft of a motor vehicle gives rise to a right of performance if:

(a) an insured motor vehicle (hereinafter referred to as "the vehicle") has been damaged or destroyed by any event or has been stolen, even in a manner which does not have the characteristics referred to in Section 20;

(b) parts of the vehicle or its normal fitting have been damaged or destroyed by any event or parts attached to it or its normal fitting locked in it have been stolen from the vehicle.

(2) If the tyres or full rubber hoops of the vehicle have been damaged or the electrical equipment of the vehicle has been damaged or destroyed or the electrical equipment of the vehicle has been damaged by a short-circuit, the right of filling shall arise only if:

(a) at the same time as other damage to the vehicle for which the insurance undertaking is obliged to perform;

(b) to damage or destroy them by interference by persons other than the insured or the driver.

§ 24

(1) However, there is no right of performance where:

(a) a part of the vehicle has been damaged or destroyed as a result of its functional stress, natural wear or fatigue;

(b) the part of the vehicle has been damaged or destroyed as a result of incorrect operation or maintenance (incorrect loading of gears, lack of mass needed for operation, overheating of the engine, incorrect loading of cargo, etc.),

(c) the vehicle has been damaged or destroyed by its repair or maintenance or in direct connection with such work;

(d) the vehicle has been damaged or destroyed while driving by a person who is not authorised to drive the vehicle.

(2) However, if the vehicle, parts of it or the usual equipment has been damaged or destroyed in the manner referred to in paragraph 1 at the time of theft to return, the insurance undertaking shall comply; it is also required to comply if, when driving a vehicle, a person who does not have a prescribed authorisation [paragraph 1 (d)] has been damaged or destroyed as a result of a natural event (§ 14 (1)).

§ 25

If agreed in the contract only, the insurance also covers damage or destruction of the vehicle in all types of races and in contests with a speed input as well as in preparatory trips to races.

Insurance in case of death, necessary slaughter or killing of an livestock or in case of permanent loss of breeding

§ 26

(1) Insurance for the death, slaughter or death of an livestock animal or for the permanent loss of breeding shall give rise to the right of performance if, as a result of illness, injury, operation, birth or abortion:

(a) the insured animal has died, was necessarily slaughtered or killed by an official order; or

(b) the animal recognised as breeding animals and, as breeding animals, has permanently lost the ability to produce offspring eligible for further production of breeding animals.

(2) The right of performance is not, if the insured animal has died as a result of the disease, necessarily slaughtered or spent within 15 days of the date on which the insurance contract was concluded, or within 15 days of the animal becoming part of the insured group, unless the animal is part of the insurance group, even before the contract is concluded, or the owner animal which has become part of the insured file has reached an age agreed to define that set.

§ 27

If there is an insurance event in connection with the participation of an animal in races, races or preparations, the insurance company shall provide the performance only if the insurance has been agreed upon for such a case.

ČÁST TŘETÍ

IMPLEMENTATION OF INSURANCE

§ 28

(1) If the insured has acquired the right to benefit, the insurance undertaking shall pay him the amount calculated in accordance with the other provisions of this Order.

(2) If the amount calculated under those provisions is higher than the amount agreed in the insurance contract as the highest performance of the insurance undertaking (hereinafter referred to as "the insurance amount '), the insurance undertaking shall pay only the insurance amount.

§ 29

Also, the performance of an insurance undertaking which is limited by the insurance amount provided for in Section 28 is entitled to be reduced under the conditions laid down in Sections 356 and 357 of the Civil Code.

Amount of insurance benefits related to construction

§ 30

(1) In the event of a right of performance arising from an insurance event affected by the construction, the insurance undertaking shall pay an amount corresponding to the reasonable cost of the repair or remanagement of the construction.

(2) Where the cost of the correction or reprocessing exceeds:

(a) for housing houses, family houses and for residential areas of the agricultural estate Kčs 5000;

(b) in the case of holiday cabins and in the case of Kčs 2000 garages,

reduce the performance of the insurance undertaking, if it exceeds that threshold, by an amount corresponding to the degree of wear or other deterioration from the period before the insurance event. In the case of other buildings, the insurance undertaking shall reduce by an equivalent amount the total performance determined in accordance with paragraph 1.

(3) From the performance determined in accordance with paragraphs 1 and 2, the insurance undertaking shall deduct the price of residues of damaged or destroyed parts of the construction.

§ 31

If a transaction in excess of the amount of Kčs 2000 relates to a residential house for which a repair account has been set up with a public savings bank (3), the insurance undertaking is obliged to deposit the full performance on that account.

Amount of insurance benefits related to movable property

§ 32

(1) In the event of a right of performance arising from an insurance event affected by a movable item, the insurance undertaking shall pay the amount needed to correct it up to the amount corresponding to the price it had immediately before the insurance event; that amount shall be reduced by the price of any residues of the damaged parts of the case.

(2) If the movable item has been damaged in such a way that it cannot be corrected in the previous situation, or if it has been destroyed, lost or stolen, the insurance undertaking is obliged to pay an amount equal to the price it had immediately before the insurance event; that amount shall be reduced by the price of any remainder of the case.

(3) The provisions of paragraphs 1 and 2 shall not apply to motor vehicles, livestock and stocks of the insured's own harvest and the amount of the supply shall in such cases be determined in accordance with the other provisions of this Decree.

§ 33

(1) If the insurance event concerns an artistic or historical prize (painting, sculpture, musical instrument, etc.), a jewel and other valuables, the insurance company is obliged to pay up to a maximum amount of CZK 5000 for one thing.

(2) If the insurance claim relates to a collection of stamps, coins or other similar collections, the insurance company shall be required to pay up to a maximum amount of Kčs 2000 for one collection.

(3) If the insurance claim relates to money, the insurance undertaking is obliged to pay up to a maximum amount of Kčs 2000. However, there is no right of performance if it has been paid by foreign currency.

(4) If a deposit has been collected from a stolen deposit book, the insurance company shall be obliged to pay up to the amount of the deposit, but not more than the amount of the Kčs 5000.

§ 34

The limitation of the amount of the payment to the amounts referred to in Paragraph 33 shall not apply if the higher amount has been agreed as the highest performance of the insurance undertaking.

§ 35

Where the right to benefit from an insurance event which has been damaged by a motor vehicle in such a way that the reasonable cost of its repair after deduction of the price of the residues of the parts of the vehicle replaced does not exceed the price that the vehicle had to pay immediately before the insurance event, the insurance undertaking shall, up to the amount of that price, pay an amount corresponding to the reasonable cost of the repair from which it will deduct the price of the residues of the parts replaced and, in the case of insurance arising before 1 July 1967, an amount corresponding to the degree of wear or other deterioration of the parts replaced from before the insurance event.

§ 36

If the vehicle has been damaged in such a way that the reasonable cost of its repair after deduction of the price of the residues replaced by the parts of the vehicle exceeds the price that the vehicle had immediately before the insurance event, the insurance undertaking shall pay an amount equal to that price from which it deducts the price of the vehicle's residues. In the same way, the insurance company is obliged to comply if the vehicle has been stolen or destroyed.

§ 37

(1) If the right to benefit from an insurance claim has arisen, which has been affected by the stocks from the insured's own harvest, the insurance undertaking shall pay the amount corresponding to the purchase price in force (4) of the quantity by which the stock has been reduced or, if the quality has deteriorated, the amount corresponding to the price difference.

(2) From the performance calculated in accordance with the preceding paragraph, the insurance undertaking shall deduct the amount by which the usual costs of treatment, further processing and delivery to the purchasing organisation have been reduced, which would otherwise have to be incurred and the price of the residues.

§ 38

The price the case had immediately before the insurance event (§ 32, 35, 36) is determined by deducting from the price of a new item of the same kind and of the same quality or comparable item that was in force at the time of the insurance claim the amount of wear or other deterioration of the insured item from the period before the insurance event. If the price cannot be determined according to price regulations, it shall be estimated.

Amount of insurance benefits related to agricultural crop

§ 39

(1) If the right to benefit from an insurance claim has arisen during the period from seed sowing or planting until the harvest storage, the insurance undertaking shall pay an amount corresponding to the applicable purchase price of all economically usable parts of the crop which have been lost as a result of the insurance claim.

(2) The loss of quantities is determined at the level of the difference between the expected yield and the return that can be expected after the insurance event; taking account of crop losses and the consequences of unsecured events. The expected yield is the yield which, according to the condition of the crop, would have been achieved in the current marketing year on the land affected by the insurance event if it had not occurred.

(3) From the performance calculated in accordance with paragraphs 1 and 2, the insurance undertaking shall deduct the amount by which the usual costs of treatment, harvesting, further processing and delivery of the crop to the purchasing organisation have been reduced as a result of the insurance claim.

§ 40

(1) Where a crop whose yield, expressed in terms of the current purchase price (proceeds), has been produced for the damaged crop after deduction of the costs of its cultivation, harvesting, further processing and, where appropriate, delivery to the purchasing organisation, is lower than that which the insurance undertaking would have been obliged to carry out under Paragraph 39, it shall be obliged to fulfil only at an amount corresponding to that difference.

(2) The provisions of paragraph 1 shall apply mutatis mutandis even if the replacement crop has not been grown, although the agri-technical principles and objective conditions have made this possible.

§ 41

If vines, hops and strawberries are destroyed by the insurance event, the insurance undertaking shall also pay an amount corresponding to the costs needed to replant them.

§ 42

Where fruit is insured, the insurance undertaking shall only be obliged to comply if its fruit has been destroyed or damaged by hail. This restriction does not apply to the insurance of strawberries.

§ 43

If, as a result of an insurance claim, the quality of the crop has deteriorated or the harvest has been delayed and the quantity has not been lost at the same time (Paragraph 39), the insurance undertaking shall only be obliged to comply if the quality or delay in the harvest of early potatoes, vegetables, tobacco, hops or fibre plants has deteriorated. In that case, the insurance undertaking shall pay an amount corresponding to the difference between the yield which would have been achieved if the quality had not deteriorated or the harvest had not been delayed and the yield actually achieved.

§ 44

(1) The damage is collected separately for each usable part of the crop and separately for each parcel sown or planted with the same type of crop.

(2) However, the insurance undertaking shall be obliged to comply only if the yield on the land referred to in paragraph 1 has been reduced by at least 10% by the principal or secondary usable part of the crop or the yield of the crops referred to in Paragraph 43.

Amount of insurance benefits related to livestock

§ 45

(1) Where an insured economic animal is slaughtered or killed as a result of sickness, injury, operation, birth or abortion, the insurance undertaking shall pay an amount corresponding to the slaughter price of the animal, unless the contract provides for a different price; where the animal is killed, the insurance undertaking shall pay only 90% of that amount.

(2) The price referred to in paragraph 1 is determined on the basis of the condition in which the animal was present at the time when the disease was detected, when the injury occurred, when the operation was carried out, when the birth or abortion occurred.

Citation	Decree of the Ministry of Finance of the Czech Socialist Republic No. 11 / 1983 Coll., on insurance conditions for property insurance
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	18.02.1983
Effective from	01.04.1983
Effective until	-
Status	Valid

Decree of the Ministry of Finance of the Czech Socialist Republic on insurance conditions for property insurance

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