The expert’s activities
The following kinds of surveys are common in the FRG:
private assessment,
arbitral award,
expert evidence.
Everyone can mandate a surveyor to conduct an assessment during a dispute or a legal battle.
An expert appointed by the court may include the elaborations of a private surveyer into his own assessment.
Even without filing a law suit, a court may accept a motion on a separate hearing of evidence as an option to get a legal bindung assessment from a surveyer.
Private Assessment
Private assessments are expert opinions to be used out of court aimed to assist individuals or legal entities, i. e. citizens, firms, insurance companies, administrative agencies, banks, or similiar bodies.
Arbitral Award
An arbitral award is another option to reach an agreement without going through the court proceedings. Both parties agree on mandating an expert in order to arbitrate the dispute on their behalf. The arbitral award legally binds both clients if they bilaterally contracted accordingly. I e, the arbitral award constitutes a legally binding document. It is the first choice for a dispute resolution. It saves on court fees and legal expenses, and the arbitral award is available sooner to the parties than a verdict.
Expert Evidence
The expert evidence differs from the aforementioned in that sense that it is being utilized during a hearing of evidence in court. The expert is being granted access to the official inquiry files. One or both parties may suggest the appointment of an expert by the court. The court may or may not accept such a motion. The court may select and appoint another expert.
The expert is committed to special obligations (in German).
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