What is Decree No. 48 / 1964 Coll.?

Decree of the Ministry of Finance No. 48 / 1964 Coll., on insurance conditions for property insurance — Decree of the Ministry of Finance on insurance conditions for property insurance.

When it became Decree No. 48 / 1964 Coll. effectiveness?

Decree No. 48 / 1964 Coll. became effective 01.04.1964.

Is Decree No. 48 / 1964 Coll. still valid?

Yes, Decree No. 48 / 1964 Coll. is still valid and effective.

Decree No. 48 / 1964 Coll. - Decree of the Ministry of Finance on ins...

48

DECLARATION

Ministry of Finance

of 9 March 1964

on insurance conditions for property insurance

Ministry of Finance provides for the implementation of Civil Code No. 40 / 1964 Coll.:

Oddíl první

COMMON PROVISIONS

§ 1

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

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 or loss of an item in national transport;

4. theft insurance,

5. insurance against damage or destruction of a motor vehicle,

6. insurance in the event of death, necessary slaughter or killing of an livestock or in the event of 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 to conclude an insurance contract may not be written only 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.

Payment of premiums

§ 9

The time limits laid down in Section 359 of the Civil Code to which premiums due may be paid *) may be extended by up to three months before they expire.

Termination of insurance

§ 10

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 enters 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.

§ 11

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.

Obligations of the insured

§ 12

If a lost or stolen item has been returned to the insured, he shall notify the insurance undertaking without undue delay. It shall also be obliged to repay its performance to the insurance undertaking after deduction of the reasonable costs of rectification if they are necessary to remedy the defects which arose at the time when it was deprived of the possibility of using the case; However, he shall at least be obliged to return to the insurance undertaking what he would have received when selling the returned item.

§ 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 criminal offence if damage has been caused by more than 300 Ccs;

(b) to wait with the repair of a case damaged by an insurance event or with the removal of the remnants so destroyed at the direction of the insurance undertaking, but no more than 3 days after the notification of the insurance event to the insurance undertaking, provided that, for safety, hygiene or other serious reasons, the repair or removal of the remainder is not required earlier.

Oddíl druhý

INSURANCE SPECIES

1. 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 not related to industrial or construction operations);

(h) slide down or fall down avalanches; or

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

(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 if the insured case has been damaged, destroyed, stolen or lost in direct connection with an event referred to in § 14.

2. 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) by water or steam leaking from central, ecstatic or remote heating;

(c) water leaking from the drain pipe.

(2) If a 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 water or steam, or freezing water is present.

(3) The right of supply shall not be exercised if the central or ethic heating boilers, fittings and equipment connected to the pipeline have been damaged or destroyed unless they have been damaged or destroyed by leaking water 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.

3. Insurance against damage, destruction or loss to domestic transport

§ 18

(1) The insurance in the event of damage, destruction or loss of the item in transport shall give rise to the right of performance if the insured item has been damaged, destroyed or lost in the course of transport and its 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 be obliged to comply if the damage or destruction of the insured item is caused by its internal destruction or by the effects of atmospheric heat or cold in the immediate context of a natural event, a traffic accident or exceeding the delivery times according to the transport rules and tariffs of public transport organisations.

4. 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) Where a case has been stolen by theft for which the offender has been recognised as guilty by an enforceable decision, or a bicycle has been stolen, the right of performance shall arise, even if the theft has not been carried out in the manner set out in paragraphs 1 and 2.

(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.

5. 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 tyres or rubber hoops of a vehicle have 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 (a) - (d) at the time of theft to return, the insurance undertaking shall be obliged to comply; it is also required to be performed if, when driving a vehicle, a person who does not have a prescribed permit [paragraph 1 (d)] has been damaged or destroyed as a result of a natural event (§ 14 (1)).

§ 25

If agreed, insurance also covers damage or destruction of the vehicle in all types of races and competitions and in preparatory trips to them.

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

§ 26

(1) Insurance in the event of death, necessary slaughter or death of an livestock or in the event of permanent loss of breeding gives rise to a 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 killed within 15 days of the date on which the insurance contract was concluded or 15 days after the animal became part of the insured 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.

Oddíl 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.

(3) Also, the performance of an insurance undertaking which is limited by the insurance amount referred to in the preceding paragraph is entitled to be reduced by the insurance undertaking under the conditions laid down in § 356 and § 357 of the Civil Code.

Amount of insurance benefits related to construction

§ 29

(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 residential houses, family houses and for residential areas of agricultural settlements 5000 Kčs;

(b) for holiday huts and for garages 2000 Kčs,

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.

§ 30

(1) Where the performance of an insurance undertaking of a family home, residential part of the farm estate, holiday cabins or garages which are privately owned, the insurance undertaking shall pay the full amount determined in accordance with Paragraph 29.

(2) For construction works other than those referred to in paragraph 1, the insurance undertaking shall pay the full amount determined in accordance with Paragraph 29 only if it does not exceed 2000 Kčs. If this amount is higher, the insurance undertaking must pay 20% of the amount of the payment, but not less than 2000 Kčs; the remaining part shall be paid if the construction has been corrected or remanaged within five years of the insurance event.

§ 31

If the construction referred to in Paragraph 30 (2) is a residential building for which an account of repairs is set up with the State Savings Bank, the insurance undertaking shall deposit the full performance on that account; This does not, however, apply if the performance determined in accordance with § 29 does not exceed the amount of 2000 CZK.

§ 32

(1) Rebuilding the building means building a building which is designed to serve a similar purpose to the original construction.

(2) Where the insurance event has affected the farm part of the farm estate and the construction office confirms that the rebuilding of the original building is not useful, the extension of the residential part of the farm estate shall also be considered as a remanagement under paragraph 1, up to an area corresponding to the size of the family house (Section 128 above).

Amount of insurance benefits related to movable property

§ 33

(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.

§ 34

(1) If the insurance event concerns an artistic or historical prize (painting, statue, musical instrument, etc.), a jewel and other valuables, the insurance company is obliged to pay up to a maximum of 5000 CZK 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 of CZK 2000 per collection.

(3) If the insurance claim relates to money, the insurance undertaking is obliged to pay up to a maximum of CZK 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 is obliged to pay up to the amount of the deposit, up to a maximum of CZK 5000.

(5) The limitation of the amount of the payment to the amounts referred to in paragraphs 1 - 4 shall not apply if the higher amount has been agreed as the highest performance of the insurance undertaking.

§ 35

If the right to benefit from an insurance event has arisen which has been damaged by the motor vehicle in such a way that the reasonable cost of its repair after deduction of the price of the remainder of the replaced parts of the vehicle does not exceed the price that the vehicle had 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 its repair, minus the price of the residues of the replaced parts of the vehicle and, in the case of insurance arising before 1 July 1967, also an amount corresponding to the degree of wear or other deterioration of the replaced parts 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 stocks from the insured's own harvest, the insurance undertaking shall pay an amount corresponding to the applicable purchase price *) of the quantity by which the stock has decreased or, if the quality has deteriorated, an 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 (Section 33, 35, 36) is determined by deducting from the price of a new item of the same type and of the same quality or comparable item which was in force at the time of the insurance event 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 the preceding paragraphs, 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 decreased 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.

§ 46

(1) If the livestock recognised as breeding animals and as breeding animals insured as a result of sickness, injury, operation, birth or abortion permanently loses the ability to produce offspring eligible for further production of breeding animals, the insurance undertaking shall pay an amount corresponding to the difference between the price that the animal had as breeding animals and the price that it has had after the permanent loss of breeding.

(2) Where an economic animal recognised as breeding animals and as breeding animals insured necessarily has been slaughtered or killed for the reasons referred to in paragraph 1, the insurance undertaking shall pay an amount corresponding to the price which the breeding animal had; where the animal is killed, the insurance undertaking shall pay only 90% of that amount.

§ 47

The amounts determined in accordance with Paragraph 45 or 46 (2) shall be reduced by the cost of usable residues.

§ 48

At the amount specified in § 45 - 47, the insurance undertaking shall also be required to comply if the right to benefit from an insurance event other than that referred to in § 26 arises and the limit to 90% does not apply.

Specific cases of compliance

§ 49

(1) If he has taken the insured measures which, in view of the circumstances of the case, may have been deemed necessary to avert an imminent insurance event or which he has taken to mitigate the consequences of the insurance event, the insurance undertaking shall provide him with a performance corresponding to the costs incurred by such measures if they were proportionate to the price of the insured item.

Citation	Decree of the Ministry of Finance No. 48 / 1964 Coll., on insurance conditions for property insurance
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	09.03.1964
Effective from	01.04.1964
Effective until	-
Status	Valid

Decree No. 48 / 1964 Coll.

Decree of the Ministry of Finance on insurance conditions for property insurance

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