К вопросу о пределах обязательности судебного решения, содержащего вывод о недостоверности отчета об оценке

Translated title of the contribution: BINDING FORCE OF A JUDGMENT DECLARING AN APPRISAL REPORT INVALID

Research output: Contribution to journalArticlepeer-review

Abstract

Case Comment on the Judgment of the Chamber for Economic Disputes of the RF SC No. 305-ЭС19-21740, 28 February 2020In a dispute concerning cadastral value, the market value established by an appraiser was found by the court to be unreliable. In the opinion of the Supreme Court of the Russian Federation, this decision has an absolute legal effect based on the absolute legal meaning of the market value’s credibility itself. Therefore, it is sufficient for declaring the appraisal services provided to be of poor quality and for the recovery of damages from the appraiser even though the appraiser was not involved in the first dispute. However, this approach binds the appraiser to the results of a process to which he was not a part and does not take into account uncertainty that is inherent in most market value assessment results and therefore the appraiser must be involved as a third party in court cases where the correctness of the report he has produced is being assessed. Otherwise, the judgment that find his report unreliable can only be partially binding in a new dispute, leading to the redistribution of the burden of proof.
Translated title of the contributionBINDING FORCE OF A JUDGMENT DECLARING AN APPRISAL REPORT INVALID
Original languageRussian
Pages (from-to)5-15
JournalВестник экономического правосудия Российской Федерации
Issue number4 (86)
StatePublished - Apr 2021

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