TY - BOOK

T1 - Die Bemessungsmethoden und Höhen des Schmerzensgeldes

T2 - Auswertung der Qualität und Quantität zugesprochener Schmerzensgeldbeträge

AU - Schäfer, Linda

PY - 2018

Y1 - 2018

N2 - The present study deals with the search for a balanced method for the assessment of general damages in Germany. The law determines in § 253 BGB that in certain cases, in particular with the injury to the physical body, infringement of freedom of movement and the sexual self-determination, for the damage, which is not pecuniary damage, a just pecuniary compensation is to be granted. Thus, it is at the sole discretion of the court to determine the amount of the so-called ‘compensation for pain and suffering’.The practised case-based comparison jurisdiction in Germany is initially examined in detail for eligible assessment criteria, the legal purposes and compatibility with the German constitution. Despite the constitutionality, the German case-based comparison system has limitations given the inadequate uniformity and certainty of those cases in application of the law. Alternative approaches to assessment can be found in the European countries such as Denmark, Great Britain, Austria, Switzerland, Italy, Spain, and France, and additionally in German literature.Furthermore, it is questioned whether or not alternative assessment methods are associated with particularly high or very low general damages awards. In addition, the present dissertation briefly covers the assessment of general damages in the USA, completing this investigation. Ultimately, the dissertation presents a balanced assessment method for Germany, summarising the advantages of the different assessment approaches to their maximum effectiveness.

AB - The present study deals with the search for a balanced method for the assessment of general damages in Germany. The law determines in § 253 BGB that in certain cases, in particular with the injury to the physical body, infringement of freedom of movement and the sexual self-determination, for the damage, which is not pecuniary damage, a just pecuniary compensation is to be granted. Thus, it is at the sole discretion of the court to determine the amount of the so-called ‘compensation for pain and suffering’.The practised case-based comparison jurisdiction in Germany is initially examined in detail for eligible assessment criteria, the legal purposes and compatibility with the German constitution. Despite the constitutionality, the German case-based comparison system has limitations given the inadequate uniformity and certainty of those cases in application of the law. Alternative approaches to assessment can be found in the European countries such as Denmark, Great Britain, Austria, Switzerland, Italy, Spain, and France, and additionally in German literature.Furthermore, it is questioned whether or not alternative assessment methods are associated with particularly high or very low general damages awards. In addition, the present dissertation briefly covers the assessment of general damages in the USA, completing this investigation. Ultimately, the dissertation presents a balanced assessment method for Germany, summarising the advantages of the different assessment approaches to their maximum effectiveness.

M3 - Dissertation

ER -