Decree of the Ministry of Finance of the Czech Socialist Republic No. 12 / 1983 Coll.
Decree of the Ministry of Finance of the Czech Socialist Republic on insurance conditions for liability insurance
Valid
Effective from 01.04.1983
12
DECLARATION
Ministry of Finance of the Czech Socialist Republic
of 19 January 1983
on insurance conditions for liability for damage
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.:
(1) From liability insurance, the insured person has the right to the Czech State Insurance Company (hereinafter referred to as "the Insurance Company ') to make good the damage caused to another person in connection with the activity or relationship of the insured person, more closely identified in the contract
(a) to health or death;
(b) damage, destruction or loss of an item;
if the insured person is liable for damage as a result of his actions or relationship from the duration of the insurance. The insurance event is the creation of an obligation on the insured to compensate for such damage. Where the competent authority decides to compensate for such damage, the insurance undertaking shall be obliged to comply with the decision only on the date on which it became legally competent.
(2) The liability for damage other than that referred to in paragraph 1 shall be covered by the insurance only if agreed in the contract.
(3) Unless otherwise agreed in the contract, it concerns the insurance of damage caused in the territory of the Czechoslovak Socialist Republic.
(1) The insurance shall not apply to liability for damage caused intentionally, liability for damage taken over beyond the scope laid down by law, liability for failure to comply with the obligation to remedy damage under Section 425 of the Civil Code and liability for damage caused by the operation of means of transport pursuant to § 427 et seq. of the Civil Code, where it is subject to statutory insurance.
(2) The insurance does not cover any liability arising from the performance of work in employment legal relations (the obligation of a member of the cooperative) or in direct connection with
(a) for a deficit at entrusted values which the worker is obliged to account for;
(b) for the loss of objects entrusted to written confirmation;
(c) for damage to movable goods entrusted or used for work.
(1) An insurance undertaking shall not pay any damage for which the insured person is responsible to his spouse or relatives in a series of direct and / or persons living with him in the same household.
(2) Neither does the insurance company pay any damages
(a) for movable goods which, although not owned by the insured, have been lent or used for any other reason, or carry it with them;
(b) property (its accessories) which the insured person uses illegally;
(c) to real estate (its accessories) which the insured person uses under authorisation and damage does not exceed Kčs 1000;
(d) on meadows, trees, garden, field and forest cultures caused by grazing animals whose keeper is insured.
The time limits laid down in Article 359 of the Civil Code to which premiums payable may be payable (1) may be extended by up to three months before they expire.
(1) Where liability for damage resulting from the ownership of the case is insured, the insurance shall cease to be a change in the person who owns the case. If such an item is a property and it becomes the property of another citizen in the insurance period for which insurance has been paid before the transfer of ownership, the new owner shall enter into the place of the existing owner by acquiring ownership; 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) Where the case referred to in paragraph 1 was a joint-ownership of spouses who had ceased to exist, the spouse who is still the owner or co-owner of the insured item shall be deemed to have concluded the insurance contract; The same goes for a set of things.
(3) The liability insurance that has been agreed under the insurance of the household installation package (Section 14 (2)) passes through the disappearance of the unjoint ownership of the spouses on which the insurance of the household installation is transferred under the insurance conditions for property insurance .2)
Insurance also ceases to exist if the possibility of an insurance event is lost.
The insurance undertaking shall reimburse the costs:
(a) the defence of the insured in the preparatory procedure and before the Court of First Instance in criminal proceedings against him in relation to the damage to which the insurance undertaking is to pay;
(b) civil proceedings for damages, where such proceedings were necessary to establish the liability of the insured person or the amount of the performance of the insurance undertaking, where the insured person is obliged to pay them;
(c) the defence of the insured person before the Court of Appeal, the costs of his legal representation in the proceedings for damages, and, where applicable, his own costs incurred in the proceedings, as well as the costs of the out-of-court examination of the claims of the injured party, the injured party, his representative and, where applicable, the insured person, if the insurance undertaking has undertaken to pay those costs.
The investigation necessary to establish the scope of the insurance undertaking's obligation to comply (Section 355 (3)) shall be concluded as soon as it has been agreed, with the agreement of the insurance undertaking or with its additional approval, with the amount of the damage suffered or the amount of compensation determined by an enforceable decision.
The performance of the insurance undertaking may not exceed the amount agreed in the contract (insurance amount), unless the performance of the insurance has been agreed without the insurance amount. However, the costs referred to in Section 7 are also borne by the insurance undertaking over the insurance amount.
(1) For damage caused to citizens on gems and other valuables, as well as matters of artistic, historical or collectible price (paintings, statues, collections of stamps, etc.), the insurance company is required to provide a performance of up to a maximum of CZK 5000 per item (collection), for damage to money up to a maximum of CZK 2000.
(2) However, where there is an insurance performance with an insurance amount for damage to property, the performance of the insurance undertaking referred to in paragraph 1, together with the performance for damage to other items, may not exceed the insurance amount for damage to property.
(1) The insured person shall be obliged to provide the insurance undertaking with the assistance necessary to establish the cause and amount of the damage, in particular to inform the insurance undertaking in writing without undue delay that:
(a) there has been an event which could give rise to the right of performance of the insurance undertaking and, if an insurance claim has already been made, take the necessary measures to minimise the damage;
(b) the injured person has exercised the right to compensation to be paid by the insurance undertaking and to comment on the refund requested and its amount;
(c) criminal proceedings against the insured person have been initiated in the context of the damage suffered and the insurance undertaking has been informed of the name of the lawyer he has chosen and of the progress and results of the proceedings;
(d) the injured party exercises the right to compensation in a court or other competent authority.
(2) The insured is also obliged to comply with the instructions of the insurance undertaking in the proceedings for compensation, in particular to agree with the insurance undertaking on who will represent him; if the insured person does not object to a limitation period without the consent of the insurance undertaking or undertakes to pay a debt limit without such consent, the insurance undertaking shall not be obliged to comply.
The right to be reimbursed by the insurance undertaking for the loss caused by its drunkenness (Section 381 of the Act) has, to the extent that the amount of damage is reduced accordingly, the circumstances in which the damage occurred and the personal, earnings and property ratios of the insured but not more than 20 000.
(1) If the insured person has the right to repayment or pension reduction of the amount paid or to cease payment of the sum due to the injured person or to another person, that right shall pass to the insurance undertaking if the insured person has paid or paid the pension for that amount.
(2) The insurance undertaking shall also be subject to the right of the insured to pay the costs of the damages which the insured person has been awarded against the opponent if the insurance undertaking has paid them for the insured.
(3) The insured person shall notify the insurance undertaking without delay that circumstances have arisen justifying the rights referred to in paragraphs 1 and 2 and shall forward to him the documents necessary to exercise those rights.
(1) Liability for damage other than insurance contracts with insurance undertakings may be insured (Section 383 of the Act) only if it is a liability arising from the ownership of a case which is jointly owned by such persons. If the liability of the builder is insured for damage, the liability of the persons carrying out the construction activity for the damage caused to him by such activity other than the builder, his spouse or relatives in a series of direct or domestic citizens.
(2) If, however, the insurance of liability for damages is also agreed in the framework of insurance of the household equipment package, the insurance (§ 383 issue) is subject to the liability of all citizens who form the household.
The insurance contract between the socialist organisation and the insurance undertaking from which a citizen is to be entitled may derogate from the provisions of Sections 349 to 361 and 377 to 383 of the Civil Code where the nature and purpose of the insurance so require.
The provisions of this Order shall also apply to insurance arising before 1 April 1983; the creation of insurance and claims arising from it before 1 April 1983 shall be governed by existing rules.
The Order of the Ministry of Finance No. 50 / 1964 Coll., on the insurance conditions for liability insurance is hereby repealed.
This Decree shall take effect on 1 April 1983.
Minister:
Ing. Stomach v. r.
1) Three months for first and one-off premiums and six months for insurance premiums for additional insurance periods.
2) Paragraph 11 (3) of the Order of the Ministry of Finance of the Czech Socialist Republic No. 11 / 1983 Coll., on insurance conditions for insurance of property.
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Regulation Information
| Citation | Decree of the Ministry of Finance of the Czech Socialist Republic No. 12 / 1983 Coll., on insurance conditions for liability insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.02.1983 |
|---|---|
| Effective from | 01.04.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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