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An expert is a natural person with a special special customer and an above average technical expert's assessment in a certain area.
In the special one the expression of experts for consultants or advisors of courts becomes (court expert) or decision-making bodies used. Experts support thereby only the decision-making process and do not participate not in the actual decision.
Conditions for the activity as an expert is technical authority, one speaks of the "special special customer". Usually this special customer is acquired by a higher education with conclusion, suitable for the field of activity, as well as professional experience and/or far qualification of several years in the appropriate area. For handicraft-referred expert activities also the conclusion as master craftsmen as well as appropriate professional experience can be sufficient in connection with more extensively, more technical as well as legal advanced training.
The designation "experts "is not protected in Germany. Everyone may call itself "experts ", if it does not offend against the rules against the mean competition, by using the designation for example misleading. This is to be accepted if an appropriate technical training, as well as specialized professional experience of several years cannot be proven. One differentiates:
To the classical ranges of the expertise among other things the areas "evaluation of building damage", "real estate value determination", "KFZ damage", "KFZ evaluation", "assessment of company value" belong.
Contrary to the general designation "expert "is the designation "publicly ordered and sworn in experts "(abbreviation: legally protected.
Publicly ordered and swore in expert exclusively gives it in Germany. The legal basis is in "§ 91 to the handicraft ordinance or in "§ 36 of the trade and industrial regulations (GewO). The order can take place via a Chamber of Commerce and industrie, a chamber of trade, a Landwirtschaftskammer, a chamber of engineers or architect or via the district administration of a country.
The public order takes place e.g. in the specialist areas evaluation from building damage, traffic engineering, sports field construction, assessment of company value, property valuation, EDP among other things.
For experts with sufficient qualification after "§ 36 GewO a requirement on order exists. The responsible chambers and authorities are obligated to order such persons on request.
Contrary to in former times valid regulations in the meantime also employees by expert offices and enterprises as well as member of the public service can be ordered publicly.
In legal proceedings usually publicly ordered experts are to be selected ("§ 404 exp. 2 judicial code). In addition also interpreters count.
According to the DIN EN ISO/CInternational Electronical Commission 17024 persons can be certified.
The standard regulates the requirements to the places, which certify experts. In Germany the German accreditation advice () is the highest hierarchic level of the certification bodies. Has its office with the Federal Institution for material research and - examination (BAM) in Berlin. In this committee also representatives of the Federal Ministry for Economic Affairs and the German institute for standardization DIN are represented. The certification nature is divided thereby into a legally regulated range and a legally not regulated range. Generally one can say that the legally regulated range covers all, who concerns the physical soundness of persons or net assets e.g. with experts in the building industry, with the industrial safety, in the calibration nature, with telecommunications or in environmental protection. All remaining is settled, for example in the legally not regulated range real estate evaluation, KFZ expertise etc. In the course of the further consistent conversion of the European Union guidelines however the certified experts will have higher to be evaluated than the aforementioned publicly ordered and sworn in, since it concerns with these a purely national (Germans) group, which do not find any correspondence in other European Union member countries in this form.
In the legally not regulated range the carrier community is responsible for accreditation (TGA) with seat in Frankfurt. This is divided into individual sector committees for the different specialist areas.
The TGA and/or their sector committees specifies the actual quality standards for the person certifying. The standard DIN EN ISO/CInternational Electronical Commission 17024 however specifies only general requirement to the certification bodies, not however to quality standards for the individual specialist areas. Thus the DIN EN ISO/CInternational Electronical Commission 17024 e.g. demands. that the training and examination may not be accomplished by experts by the same institution.
The standard is in far parts identically to the old DIN EN 45013, it however some additional requirements to the management system of the personnel certification bodies was created, which likewise leads to it, to fasten the qualification of certified experts on highest level.
Persons with appropriate personal and technical conditions as well as with expertise and special customer as well as professional experience can become active as experts, if no danger of mistake with the publicly ordered experts exists. The job title is not protected, nevertheless must the relevant, legal requirements of the law from the mean competition (UWG) and the penal code (StGB) be considered.
The free and generally recognized, qualified expert should have an appropriate Reputation in form of an final qualification as masters (for handicraft-referred expert activities) or engineer (for technical gutachterliche questions) or university education as operation manager (for economic questions such as enterprise and real estate evaluation). Occupation-practical experience of many years, a continued purchase to practice, the constant argument with the technical and economic advancement in the respective vocational field and the knowledge of the newest in each case conditions of the science and the pertinent rules (standards) are the basic condition for the free expert activity. In addition belong extended technical, economic and legal knowledge as well as the personal capability to the material and impartial objective analysis and documentation of circumstances, connected with the ability to express itself in word and writing generally comprehensibly and convincingly in order to fulfill an appropriate gutachterlichen order.
Free experts can join under certain conditions one of the expert professional associations. At legal proceedings the federation-recognized expert i.d.R. preferred, here will not be used to the principles of the judicial code (ZPO) the publicly ordered and sworn in expert.
Free experts are besides as Mediator to be found.
Officially recognized experts have to fulfill sovereign tasks and particularly for the technical monitoring are trained. They are subordinate to the supervision of the state.
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