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Why the technical review must start early, and what remains possible once the period has expired
Read moreWhich grounds hold up, what period applies — and why an unwelcome result alone is not enough
Read moreIn principle, each court is independent in its own proceedings when it comes to selecting a valuer. In the event of significantly diverging results, the parties may introduce the respective appraisal reports from the other proceedings as additional evidence.
Read moreAn appraisal report obtained by court order carries significant weight in the court's decision, but is not legally absolutely binding – the court evaluates it as part of its free assessment of evidence, together with all other evidence.
Read moreA supplementary expert opinion (Obergutachten) is an additional appraisal report, usually prepared by a particularly experienced valuer, intended to provide a conclusive, overarching professional assessment in cases of significant contradictions between several existing appraisal reports.
Read moreIf there is a reasonable suspicion of bias, for example due to personal or business relationships with a party, a formal recusal motion may be filed with respect to court-appointed valuers.
Read moreAn expert opinion is commissioned by one party itself and at its own expense. In court, it is legally regarded merely as qualified party submission, not as an independent appraisal report in the technical sense.
Read moreYes, parties can raise objections to a court report, for example through supplementary questions to the valuer, a counter-report, or a request for a hearing or replacement of the valuer in cases of well-founded doubts.
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