Government Decree No. 177 / 1950 Coll.
Nariadenie o pododoch nehhoteľné vecí
Valid
Effective from 01.01.1951
177
Government Regulation
of 19 December 1950
on estimates of immovable property. *)
The Government of the Czechoslovak Republic orders pursuant to § 467 of Act No. 142 / 1950 Coll., on Civil Procedure (Civil Code):
Recruiting experts.
(1) The court shall add experts to the estimate. If the court considers it necessary, it may add another expert, particularly if real estate matters of different kinds are to be estimated. The court may also, at the request of a party, invite another expert; However, the costs associated with the removal of the expert shall be borne by the party who requested the expert.
(2) The provisions of the Civil Code and Act No. 167 / 1949 Coll., the permanent affiliation of experts and interpreters apply otherwise.
The subject matter of the estimate.
Each individual immovable item (plot, building) shall be estimated separately. If there are several real estate items which form a single whole, they are also estimated as a whole.
Method of estimation.
(1) Non-movable goods are estimated by establishing the price at which the estimated item of that kind can be sold within the limits of the price rules.
(2) Rights shall be estimated by establishing the benefit they confer on the creditor for a period of one year and multiplying the value of that benefit by 20 for the rights of unlimited duration, and by the number of years in which the right to continue, but not more than 20.
(3) The real estate burden is estimated on the basis of the economic injury suffered by the burden on the complainant. Otherwise, the provisions on the assessment of the right shall apply mutatis mutandis to their estimation. If there is such a burden on the duration of the unlimited, the basis of the calculation shall be a period of 20 years, with the duration of an indeterminate likely duration, but not more than 20 years, with the duration of the precisely determined period. However, the burden resulting from claims for repayable benefits and benefits shall be estimated by calculating the amount sufficient to show the performance and benefits or their monetary value on it and its interest.
An estimate of accessories.
At the same time as the property (its components), its accessories must be estimated; for this purpose, an estimate of its price (§ 3 (1)) shall be found.
Driving.
(1) An estimate shall be made by an executive officer who shall also notify the participants of who has been recruited as an expert; inform at the same time the estimated time and place of the estimate of the person and the district national committee in whose area the estimated real estate is situated. Persons having rights or burdens on immovable property may participate in the estimate and make comments.
(2) The estimate shall be made at the place itself. A report shall be drawn up on the execution of the estimate. In the report, the immovable item, its components and accessories shall be described in full and any circumstances which may affect the determination of the estimated price shall be indicated. The experts will report the report. However, in justified cases, they may be authorised by the Executive Officer to submit a written opinion.
(1) The Court of First Instance shall examine the accuracy of the estimate and, where appropriate, determine the estimated price after carrying out the necessary investigation.
(2) If, following the execution of the estimate, it is apparent, in particular as a result of a call under Paragraph 469 (ch) of the Civil Code, that the real estate is subject to burdens not included in the land register, the court shall order the addition of the estimate, taking account of those burdens.
This Regulation shall enter into force on 1 January 1951; they shall be carried out by the Minister of Justice.
Zaporocký v. r.
Dr Rais v. r.
*) Official Czech version published in the Annex to the Collection on page 327.
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Regulation Information
| Citation | Decree of the Government No. 177 / 1950 Coll., on estimates of fixed things |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1950 |
|---|---|
| Effective from | 01.01.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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