Practice of evaluation of real estate in the framework of judicial and extrajudicial expertise in the Republic of Moldova

Abstract

This article concerns to some important aspects of the practice of using the methodology and principles of real estate valuation in the execution of judicial and extrajudicial expertise. The article contains the study of the legal normative framework of reference to the evaluation activity within the litigation processes. In a particular mode, examples of the application of different methods of valuation of real estate and the specific use of certain types of real estate value for special cases of real estate expertise are analyzed. The difficulties related to the gaps in the legal normative framework regarding the regulation of work processes are reached. Situations of impact on the use of different types of values for special purposes of forensic expertise are outlined in the respective compartments. Likewise, methodological solutions are proposed for some described cases. These solutions are systematized using techniques and means, such as: description, comparison, measurement, observation, experiment, analysis, induction (from particular to general). The basic hypothesis of this paper is that the wider use of valuation services in forensic expertise, as well as the regulation of the use of real estate valuation methodology in the legislative / normative, institutional and methodological sense, would contribute to accelerating the development of the real estate market from the Republic of Moldova and could reduce the phenomenon of corruption. The main task of the paper is found in two basic objectives: motivating the wider use of the results of the evaluation in the procedure of judicial and extrajudicial expertise; and defining the need for the reasonable and correct use of real estate valuation results in the litigation process. The results received from the research of real cases in this paper can serve as a conceptual basis for the formation of an applied theory for the use of real estate valuation methodologies in the practice of judicial expertise.