Decree of the Ministry of Finance No. 50 / 1964 Coll.
Decree of the Ministry of Finance on insurance conditions for liability insurance
Valid
Effective from 01.04.1964
50
DECLARATION
Ministry of Finance
of 9 March 1964
on insurance conditions for liability for damage
Ministry of Finance provides for the implementation of Civil Code No. 40 / 1964 Coll.:
(1) The insurance of liability for damages shall give the insured person the right of the State Insurance Corporation (hereinafter referred to as "the Insurance Company ') to make good any damage caused to another person in connection with the activity or relationship of the insured person specified in the contract,
(a) to health or death;
(b) damage, destruction or loss of an item;
if the insured person is responsible for the damage. The fact that the damage was caused is an insurance event, if it occurred during the life of the insurance.
(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, insurance covers an insurance claim occurring in the territory of the Czechoslovak Socialist Republic.
(1) The insurance does not apply to liability for damage caused intentionally, liability for damage taken over beyond the scope laid down by law, liability for failure to fulfil the obligation to avert damage under § 425 of the Code and liability for damage caused by the operation of means of transport pursuant to § 427 et seq.
(2) Insurance does not apply to liability for employment
(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 for the performance of their duties.
(1) The insurance undertaking is not obliged to comply if the insured has caused damage to the spouse or relatives in a series of direct or shared household members.
(2) The insurance undertaking is also not obliged to comply if the damage is caused
(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 1000 Kcs;
(d) on meadows, trees, garden, field and forest cultures caused by grazing animals whose keeper is insured.
The time limits laid down in Section 359 of the Code to which premiums due may be paid *) may be extended by up to three months before they expire.
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 insurance instead of the existing owner; 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.
Insurance also ceases to exist if the possibility of an insurance event is lost.
(1) The insurance undertaking is required to reimburse the costs of the defence before the Court of First Instance in criminal proceedings against an insured person in connection with an insurance event; the costs of the defence before the Court of Appeal shall be reimbursed only if it has undertaken to pay them.
(2) The insurance undertaking shall be obliged to reimburse the costs of the compensation proceedings if it has undertaken to pay them or if such proceedings were necessary to establish the liability of the insured or the amount of the insurance undertaking.
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 discharge of up to a maximum of CZK 5000 per item (collection), for damage to money not exceeding 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.
The obligation of the insured person under § 357 of the Code is also
(a) to inform the insurance undertaking in writing that the injured party has claimed compensation and to comment on the amount and justification of the compensation requested;
(b) state in writing that criminal proceedings have been initiated in respect of an insurance event or that the injured party claims compensation in court;
(c) notify the insurance undertaking in writing of the name of the lawyer chosen for criminal proceedings, agree with the insurance undertaking to be represented in the proceedings for compensation and the person of the representative; if the insured is not a lawyer in criminal proceedings or if he is not represented by the insurance undertaking in the proceedings for compensation, he shall report to the insurance undertaking in due time on the course and outcome of the criminal proceedings and the recovery proceedings.
The right to reimbursement of the amounts which the insurance undertaking has paid for the insured person who has caused the damage due to his drunkenness (Section 381 of the Code) has, to the extent that the amount of the damage is reduced accordingly, the circumstances in which the damage occurred and the personal, earnings and property ratios of the insured person, but not more than 10 000 CZK.
(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 the preceding paragraphs and shall forward to him the documents necessary for the exercise of those rights.
(1) Liability for damage other than the insurance contract with the insurance undertaking can be insured (Section 383 of the Code) only if it is a liability arising from the ownership of a case which is jointly owned by those persons.
(2) However, if a liability insurance is also agreed in the framework of the insurance of the household installation, the insurance (Section 383 of the Code) applies 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 349-361 and 377-383 of the Code if the nature and purpose of the insurance so require.
Paragraph 2, 4, 6, 8, 9, 12, 13, 14 (1) of this Order cannot be derogated from in the contracts; This does not apply if there is an insurance contract between a socialist organisation and an insurance company from which a citizen is to be entitled.
(1) The provisions of this Order shall also apply to insurance arising before 1 April 1964; However, such insurance and claims arising before 1 April 1964 shall be governed by existing rules.
(2) Insurance that arose before 1 April 1964 and for which no premiums due before 1 April 1964 have been paid shall cease to be the expiry of the periods for the termination of insurance that began to run under the current rules on non-payment of premiums, but not later than 30 June 1964 in the case of unpaid premiums for the first insurance period, or on 30 September 1964 in the case of outstanding premiums for the next insurance period; However, from 1 April 1964 until the end of the insurance period, the insurance undertaking shall be obliged to comply with the insurance claim at that time.
This Decree shall take effect on 1 April 1964.
Minister:
Dvořák v. r.
*) Three months for the first and one-off premiums and six months for the next insurance periods.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 50 / 1964 Coll., on insurance conditions for liability insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.03.1964 |
|---|---|
| Effective from | 01.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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