What is Decree No. 179 / 1982 Coll.?

Decree of the Federal Ministry of Finance No. 179 / 1982 Coll., on the scope and conditions of contractual insurance of socialist organizations — Decree of the Federal Ministry of Finance on the scope and conditions of contractual insurance of socialist organisations.

When it became Decree No. 179 / 1982 Coll. effectiveness?

Decree No. 179 / 1982 Coll. became effective 01.01.1983.

Is Decree No. 179 / 1982 Coll. still valid?

Yes, Decree No. 179 / 1982 Coll. is still valid and effective.

Decree No. 179 / 1982 Coll. - Decree of the Federal Ministry of Financ...

179

DECLARATION

Federal Ministry of Finance

of 17 December 1982

on the scope and conditions of contractual insurance of socialist organisations

The Federal Ministry of Finance, in agreement with the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic, provides, pursuant to § 391 (2) of the Economic Code No. 109 / 1964 Coll., as published under No. 37 / 1971 Coll. and as amended by Act No. 165 / 1982 Coll.:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

(1) The adjustment applies to contractual insurance (hereinafter referred to as "insurance") 1) of socialist organisations and their organisational units which may act on their behalf in economic relations (hereinafter referred to as "organisations") .2) The insurance is intended to cover and prevent damage caused by incidents.

(2) The rights and obligations of citizens under the insurance contract concluded by the organisation (3) are subject to the relevant provisions of the insurance conditions for the insurance of citizens.

§ 2

(1) The insurance contract, concluded between the organisation and the Czech State Insurance Company or Slovak State Insurance Company (hereinafter referred to as "the Insurance Company '), shall be adapted in accordance with this Decree to the details needed to fulfil the purpose of the insurance. In doing so, it can be agreed that an organisation that fulfils the conditions laid down in the contract will grant the insurance company a discount on the insurance premiums. At the same time, the amounts and types of discounts and the arrangements for checking the measures taken to avoid the occurrence of an insurance claim shall be defined.

(2) The draft contract does not have to be in writing if insurance is agreed for a maximum period of one year.

§ 3

The scope and method of insurance and the measures aimed at preventing damage as well as the consequences resulting from the implementation of these measures may be adapted uniformly for a defined range of organisations by a contract negotiated between the insurance undertaking and the competent economic management.4)

§ 4

Insurance covers insurance events involving damage in the territory of the Czechoslovak Socialist Republic, unless otherwise regulated by special regulations or contract.

§ 5

(1) The insurance undertaking has the right to insurance premiums for the period from the start of the insurance until its demise. However, if the insurance was destroyed by the destruction of the insured item or if otherwise the possibility of the occurrence of the insurance event was lost, the insurance undertaking shall be insured until the end of the insurance period in which the loss occurred. If it is a one-off premium, the insurance undertaking shall always have the full premium. The insurance undertaking shall be entitled to verify in the organisation the accuracy of the calculation of the premiums.

(2) If the organisation is late in paying the premium, it shall pay the insurance undertaking a late payment of 0,05% of the amount due for each day of delay, starting on the 10th day after the due date of the premium; a fee of less than Kčs 100 and no interest on late payments.

§ 6

(1) The organisation shall:

(a) notify the prosecutor or authorities of the SNB without delay of an insurance event arising in the circumstances of suspected or attempted crime, 5) if damage was caused by more than 300 Ccs;

(b) to ensure that, in particular, a claim is lodged against another right to compensation for damage caused by an insurance claim, if the organisation is authorised to do so under the relevant regulations as a result of an insurance claim, 6)

(c) in the case of an insurance claim, to obtain on its origin, causes and extent of registration.

(2) The insurance undertaking ascertains the cause and extent of the insurance claim for the synergies between the organisation of the insurance claim and the organisation of the insurance claim. The results of this finding and the measures agreed to mitigate the impact of the insurance event shall be recorded, signed by both parties; one copy of the registration shall remain with the organisation.

(3) The organisation shall, when establishing the supporting documents necessary to determine the level of performance of the insurance undertaking, provide on-the-spot explanations to the authorised worker of the insurance undertaking. If an organisation has an increase in the cost of an insurance claim insurance undertaking, in particular by newly establishing the relevant facts, the insurance undertaking shall be entitled to deduct the amount of costs incurred.

(4) The results of the investigation necessary to establish the extent and amount of the performance shall be discussed with the organisation.

(5) If the amount calculated as a performance under the relevant provisions of this Order is greater than the amount agreed in the contract as the highest performance of the insurance undertaking (the insurance amount), the insurance undertaking shall only be obliged to pay the insurance amount. The insurance undertaking shall also be entitled, under the conditions laid down, to reduce its performance accordingly. 7)

(6) If the organisation has infringed the obligation to ensure that the insurance undertaking can exercise the right which it has transferred to it, 8) the insurance undertaking is entitled to claim compensation for the organisation up to 30% of the performance paid.

(7) If the insurance undertaking is in default, it shall pay the organisation a late payment of 0,05% of the amount due for each day of delay, starting on the tenth day after the payment of the payment; a fee of less than Kčs 100 and no interest on late payments.

ČÁST DRUHÁ

ACTIVITIES INTENDED FOR PREVIOUS SCHOOL 9)

§ 7

(1) When undertaking insurance, the insurance undertaking shall carry out an activity aimed at preventing and mitigating the extent of its consequences (hereinafter referred to as "damage prevention '), in particular in cooperation with organisations and bodies involved in the prevention of damage. The insurance undertaking shall carry out the damage relief both in identifying the supporting documents necessary for the calculation of the premiums and in determining its performance and in introducing and expanding technical, organisational and other measures to assist or serve the insurance event relief organisations and to mitigate the extent of their consequences; The insurance undertaking shall notify the organisation in writing and, where appropriate, recommend appropriate measures to the organisation of the serious knowledge and identified defects or hazards affecting the insured property.

(2) The organisation is required to allow the authorised staff of the insurance undertaking to carry out an insurance technical examination of the insured property, to examine the fire-related technical, project, accounting and other similar documentation and to review the activities of the facilities used to protect the insured property.

(3) For the purposes of damage control, the insurance undertaking may provide financial contributions or, where appropriate, material resources.

§ 8

The organisation and the insurance undertaking may conclude a contract on the forms of implementation of the damage shield and on the interaction between them, adjusting the details in accordance with this Decree according to the specific conditions of both parties.

ČÁST TŘETÍ

INSURANCE OF PROPERTY

Oddíl první

Scope of property insurance

§ 9

It is possible to insure the

(a) is owned or administered;

(b) it is permanently used;

(c) use, in accordance with the written agreement on temporary use, if it considers that it is obliged to correct the item used, to have a new item or to provide compensation for money if the item is damaged, stolen or destroyed;

(d) take over from the citizen when providing the service or from the organisation on the basis of a contract of storage, provision of matters, professional assistance, repair or other work and performance.

§ 10

(1) An individual case or set of items defined by the contract (insured goods) can be insured.

(2) Where insurance of a set of items has been agreed, insurance also covers matters which have become part of the insured file after the conclusion of the contract. Things that stopped being part of the file stop being insured.

§ 11

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

§ 12

Except in cases covered by the Economic Code, insurance also ceases to exist

(a) transfer of ownership or management of the insured item;

(b) termination of use or return of the case referred to in Article 9 (d);

(c) the destruction of the insured item or the possibility of an insurance event occurring on the insured item has otherwise fallen out.

Oddíl druhý

Types of property insurance

§ 13

Insurance company negotiates

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 against damage, destruction or theft of a motor vehicle;

6. insurance against damage or destruction of machinery and equipment.

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, if they have not occurred in connection with industrial or construction operations;

(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;

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

(2) If the construction is insured, the right of performance also arises if the damage was caused by snow or frost.

(3) This insurance applies to land, crops and plants and to goods transported during national transport only if agreed in the contract.

§ 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 (1) and (2) which occurred during the period of 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;

(d) a fire-extinguishing medium flowing from an automatic fire-extinguisher.

(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 freezing water in the pipe belonging to the building.

(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 (1) and (2) which occurred during the period of insurance.

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

§ 18

(1) The insurance in the event of damage, destruction, theft or loss of a case in national transport shall give rise to the right of performance if the insured item has been damaged, destroyed, stolen or lost in the course of transport on its own behalf and on its own account, by the organisation and the transport operations involved. Money, valuables, precious metals and other valuables (hereinafter referred to as valuables) and means of transport are covered by this insurance only if agreed upon in the contract.

(2) The transport of the insured item begins with the placing on the move of the item in order to be loaded onto the means of transport at the place of departure and ends with the deposit at the place of destination, but no later than the end of the day on which the item was to be so placed.

§ 19

(1) The right of performance is not, if the insured case has been damaged, destroyed, stolen or lost as a result of:

(a) internal defects or destruction, insufficient packaging or defective loading of cargo;

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

(2) However, the insurance undertaking shall also be obliged to perform in the cases referred to in paragraph 1 where the insurance event has occurred in the immediate context of a natural event or of a traffic accident.

(3) The insurance shall not apply to damage, destruction, theft or loss of the item in respect of domestic transport directly linked to transport to or from abroad. 10)

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) Where valuables have been stolen, the right of performance arises only if they have been stolen from a locked armored box or have been secured in a contractual manner. This shall not apply if their theft or loss occurred in a transport or other accident in which the person in charge of the transport of such goods has been deprived of the possibility of being entrusted with custody.

(3) In the absence of the theft of the insured case in the manner referred to in paragraphs 1 and 2, the right of execution shall arise if the offender has been found to have been in accordance with a final decision terminating criminal proceedings in connection with the theft of the insured case or if the offender has used violence or threats of immediate violence against workers (members).

§ 21

The right of performance is not, if the case was stolen during transport. However, this does not apply to the insurance of valuables carried by the delegate.

§ 22

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 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 of a person who is not active in the operation or operation of the vehicle.

(3) 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 does not have a prescribed driving authorisation and the organisation has entrusted the driving of the vehicle itself to such a person;

(e) the vehicle has been damaged or destroyed as a result of its operation as a work machine.

(4) However, if the vehicle, its parts or its normal equipment has been damaged or destroyed in the manner referred to in paragraph 3 (a) to (c) at the time of theft to return, the insurance undertaking shall be obliged to comply; it is also required to comply if, when driving a vehicle, a person who does not have a prescribed authorisation [paragraph 3 (d)] has been damaged or destroyed as a result of a natural event (§ 14).

§ 24

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 against damage or destruction of machinery and equipment 11)

§ 25

(1) The insurance in the event of damage to or destruction of the machine and equipment shall give rise to the right of performance if the insured machine or equipment (the machine) has been damaged or destroyed at its station in the organisation or specified workplace by any event.

(2) However, there is no right of performance where damage or destruction of the machine has occurred

(a) as a result of some natural event (§ 14);

(b) due to corrosion, erosion, permanent influence of operation or natural wear;

(c) as a result of the defect which the machine had in the negotiation of the insurance or at the time it became part of the insured file, if the organisation was or could be known to the organisation,

(d) depreciation consisting solely of the theft of a part of the machine.

(3) If there has not been at the same time any damage to or destruction of the machine for which the insurance undertaking is required to perform, the insurance shall not concern damage or destruction.

(a) machine parts, parts and tools which are regularly exchanged when the work is changed (e.g. knives, threaded tools, drills, moulds, matrices, cutting tools, etc.);

(b) parts which are regularly changed for wear (e.g. tyres, rubber hoops, rubber cylinders, gaskets, ropes, chains, belts of any material, cutting knives, ploughs, etc.),

(c) machine parts for gliding and rolling fits for linear and rotary motion (e.g. bearings, pistons, cylinder liners, etc.),

(d) electronic elements and electrical components (e.g. integrated circuits, microprocessors, transistors, relays, contactors, etc.).

Oddíl třetí

Implementation of insurance

§ 26

(1) Where there is a right to benefit from an insurance event which has been affected by an insured event,

(a) the basic instrument or investment, the insurance undertaking shall pay an amount corresponding to the costs of its repair or remanagement, but not more than:

1. the cost recognised in the accounts where the accounting balance price of the insured item at the time of the insurance claim is more than 80% of the cost;

2.80% of the cost recorded in the accounts if the accounting balance price of the insured item at the time of the insurance claim is more than 30% of the cost;

3.30% of the purchase price recorded in the accounts if the accounting balance price of the insured item at the time of the insurance claim is 30% or less of the purchase price, or if the case is fully debited but still in operation,

(b) the subject matter of the gradual consumption in use or as a matter taken over in the provision of the service [Paragraph 9 (d)], the insurance undertaking shall pay an amount corresponding to the costs of its repair or re-management, but not more than the amount corresponding to the price the case had immediately before the insurance event (hereinafter referred to as the "time price"),

(c) stocks, the insurance undertaking shall pay the amount needed to correct them or adjust them. If the damaged stocks are impaired, the insurance company shall meet the difference between their time price and the price after depreciation. In the event of total destruction, theft or loss of stocks produced by the organisation, the insurance undertaking shall pay an amount corresponding to the costs to be incurred for their production, but not more than the amount that the organisation would have received for them immediately before the insurance event, and, if the stocks it did not produce are not, the amount corresponding to the costs of their new acquisition, but not more than the amount at which the organisation would have purchased them immediately before the insurance event,

(d) any other movable item, the insurance undertaking shall pay an amount corresponding to the reasonable costs of repair, destruction, theft or loss of the time value of the item. However, at most, the insurance undertaking shall pay the amount declared in the operational records. In the event of plans, projects and files relating thereto, the insurance undertaking shall be obliged to pay an amount corresponding to the appropriate costs of correction, but not more than the costs necessary for reproduction.

(2) From the performance determined in accordance with paragraph 1, the insurance undertaking shall deduct the price of the remainder of the damaged or destroyed item, and, for stocks, the amount by which the usual costs of treatment and further processing have been reduced which would otherwise have to be incurred.

(3) The time price is determined by deducting from the price of a new item of the same kind and of the same quality or comparable item which 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.

§ 27

If the case was insured in a manner other than that referred to in Paragraph 26 (1), the conditions agreed in the contract shall apply to determine the amount of the performance.

§ 28

Specific cases of compliance

(1) If the organisation has taken measures which, in view of the circumstances of the case, may have been deemed necessary to avert an imminent insurance event or to mitigate the consequences of the insurance event, the insurance undertaking shall reimburse it for the costs incurred by the organisation for such measures if they were proportional to the price of the insured item.

(2) The insurance undertaking shall provide a performance corresponding to the costs incurred by the organisation for reasons of safety, hygiene or other public interest in the removal of the remainder of the insured item which has been damaged or destroyed by an insurance event.

(3) The insurance undertaking shall be obliged to provide a performance to cover the reasonable costs of the transport of the case damaged by the insurance event in order to correct it.

(4) The insurance undertaking shall not cover the costs of the usual maintenance or treatment of the insured item.

ČÁST ČTVRTÁ

_

§ 29

The organisation shall have the right from the liability insurance to replace it by another insurance undertaking in relation to the activity or relationship of the organisation specified in the contract

(a) to health or death;

(b) damage, destruction or loss if the organisation is liable for damage as a result of its conduct or relationship with the duration of the insurance. The insurance event is the occurrence of an obligation on the insured organisation to compensate for this damage. If the competent authority decides to compensate for such damage, the insurance event only occurred on the date on which the decision under which the insurance undertaking is to comply became final.

§ 30

(1) Insurance shall not apply to liability for damage caused by:

(a) intentionally or taken over beyond the scope laid down by law, under the responsibility of failure to comply with the obligation to avert damage and to avoid an increase in damage already incurred;

(b) the operation of means of transport where it is covered by statutory insurance;

(c) by emasculating, exhaling, ash and water pollution, if the damage is not caused by a sudden malfunction of the protective equipment;

(d) on matters supplied by the organisation or on which the organisation has carried out the activity ordered, where the damage is due to the fact that the supplies were of defective quality or the activity ordered was of defective quality.

(2) Furthermore, insurance does not apply to liability for damage caused by:

(a) the items used by the organisation and the items taken over for processing, repair, modification, sale, storage, storage or provision of professional assistance;

(b) by segregating and slotting the soil, undermining or gradually entering moisture;

(c) meadows, trees, garden, field and forest cultures caused by grazing animals kept by the organisation.

(3) The liability for damage arising from transport contracts shall be covered only if agreed in the contract.

§ 31

The insurance undertaking shall reimburse the costs:

(a) the defence of the organisation's worker (s) in preparatory proceedings 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) proceedings for compensation before the competent authority where such proceedings were necessary to establish the responsibility of the organisation or the amount of the performance of the insurance undertaking, provided that the organisation is obliged to pay them;

(c) the defence of the worker (s) before the appeal court, the legal representation of the organisation and the out-of-court examination of the claims of the injured party, incurred by the injured party or his representative, if the insurance undertaking has undertaken to pay these costs.

§ 32

(1) The organisation is obliged to provide the insurance undertaking with the cooperation 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 party has exercised the right to compensation to be paid by the insurance undertaking and to comment on the compensation requested and its amount;

(c) criminal proceedings have been initiated against the worker (s) of the organisation and the insurance undertaking in relation to the damage suffered,

(d) the injured party exercises the right to compensation in a court or other competent authority.

(2) In addition, the organisation is required 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 the organisation; if the organisation, without the consent of the insurance undertaking, does not object to a limitation period or undertakes to pay a debt limit without such consent, the insurance undertaking shall not be obliged to comply.

Citation	Decree of the Federal Ministry of Finance No. 179 / 1982 Coll., on the scope and conditions of contractual insurance of socialist organizations
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	22.12.1982
Effective from	01.01.1983
Effective until	-
Status	Valid

Decree No. 179 / 1982 Coll.

Decree of the Federal Ministry of Finance on the scope and conditions of contractual insurance of socialist organisations

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