jump to start page
Deutsch

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 report

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 broken down.

court opinions

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 software components.

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:

arbitrator's award

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:

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).

accommodation report

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.

community appraisal

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.
sources: https://www.modal.de/wissensdatenbank/gutachten-definition/ and https://www.modal.de/wissensdatenbank/arten-von-gutachten/

jump to top