Opinion of experts
What's an expert opinion?
Expert opinions are prepared on legal and factual issues.
A legal opinion is the determination of valid and applicable law in a certain region or for a certain group of persons with regard to a
factual situation or also the expert assessment of the legal questions or legal consequences of a factual situation.
Expert opinions on factual issues are well-founded representations of principles of experience and the derivation of conclusions for the
actual assessment of an event or condition by one or more experts. The expert will usually
report findings, expert reports or expert opinions.
Expert opinions must be understandable for a layman and completely comprehensible for an expert.
An expert opinion contains the assessment of a fact with regard to a question or a given goal. It occurs as a binding (e.g. testified or
signed) oral or written statement of an expert or expert witness.
Types of expert opinions
Expert opinions are subdivided according to the subject of the order and the client. There are
The common goal of all expert opinions is the verifiable completion of the task and its associated questions in written form.
Insurance appraisals are usually commissioned by insurance companies and are required within the framework of claims settlement. Content the
following questions are discussed in insurance reports: Determination of the loss and damage and of the
Cause of damage, determination of residual value and determination of the costs for repairing the damage
. However, insurance reports
are also prepared by policyholders on your behalf. In this case, the expert opinion shall prove whether claims for reimbursement can be
asserted against the insurer. In many cases, a different opinion of the amount of loss should be expertly presented to the insurer and
As a rule, a court opinion is obtained from courts or public prosecutors' offices. The court report fulfils special requirements in this
case and shall be drawn up in writing by experts in a form understandable to the contracting authorities. A court opinion can be drawn up
both in civil and commercial law. as well as in criminal trials. The expert himself has only to evaluate the technical aspects or to make
an assessment. on the matter at issue. At no time does he have the task of considering the facts in need of clarification in law. The
legal Evaluation is the sole responsibility of the courts and the defenders of the parties in dispute.
In criminal proceedings, the legal basis is the Code of Criminal Procedure (StPO). Thus, for example, unauthorised data manipulation or
special user activities in most cases fall within the scope of the Code of Criminal Procedure. In civil proceedings, the Code of Civil
Procedure (ZPO) forms the legal basis. This includes, for example, damage assessment or the detection of malfunctions in hardware and
Private expert opinion
Private expert activity is of considerable importance not only in the out-of-court clarification of legal claims, but also in consultancy,
information, testing and monitoring activities and the issuing of certificates to anyone. Private expert opinions are commissioned by
individuals, companies, associations and societies and often also by lawyers.
Private opinions are used as party opinions in court proceedings and are becoming increasingly important. According to established
jurisprudence, the following are permitted Private opinions are not disregarded by the court, but must be appreciated by the court,
even if they are considered to be civil litigations. and not as evidence. Party reports are considered to be professionally qualified
party presentations. In the event of a court order in the proceedings If an expert opinion is required, the court-appointed expert must
also assess the private opinion and critically examine it.
According to §91 ZPO, private expert opinions are reimbursable costs if the private expert opinion proves to be suitable for legal
prosecution or defence in court. proves necessary. Party reports are regularly prepared in order to strengthen the party's own legal
position or in order to "equalize weapons" in court. to manufacture. The fees for private appraisals are agreed individually and freely.
Usually the actual expenditure is charged here. Flat rates for certain activities or daily or weekly flat rates are also possible. Private
appraisals are required, among other things:
- preservation of evidence
- ascertainment of damage
- Preparation of legal proceedings
- Protection of claims
- Advice to support decisions
- Support in troubleshooting and remediation measures
- Support in discussions with suppliers, authorities or software houses
- Determination of costs and values
From a purely external point of view, the arbitrator's report is an expert opinion like any other. The arbitrator clarifies and evaluates
facts and draws expert conclusions no differently from the private or court expert. However, while private and court opinions are merely
a decision-making aid - not binding for the private and judicial client - the arbitrator bindingly determines in the relationship between
the parties what he has established, for example:
- whether there are any defects complained of
- which party is responsible for the defects
- when and how these defects are to be rectified
- which costs arise for the rectification of defects
If there is a subsequent dispute between the parties on these issues, the judge in that dispute shall in principle also be bound by the
findings of the arbitrator. The legal basis for the binding nature of the arbitrator's report is the will of the parties to submit to
the arbitrator's report as expressed in advance in the arbitrator's report agreement (private law contract).
An expert opinion that makes partial and one-sided statements out of sentimental affection or against a benefit that an expert third party
will not see as such. A courtesy report is not negotiable.
It often happens that a party that comes off badly in a correct expert opinion defames this as a favor opinion in favour of the other side.
The term occurs in scientific opinions written by institutes for governments. Sub-areas are carried out independently by certain experts
and coordinated and summarised by others.
Under no circumstances is it permissible for an expert opinion to arise out of a diffuse community without the statements being
attributable to a specific person.
Main and supplementary expert opinions
In the case of disputes about large projects, main expert opinions are awarded and, depending on the course of the disputes, supplementary
expert opinions can be commissioned to illuminate special sub-areas or to answer newly raised questions. The main assessor should lay
connections in advance for in-depth expert opinions. The supplementary experts must follow the main expert opinion accordingly.