Details
| Original language | German |
|---|---|
| Place of Publication | Hamburg |
| Number of pages | 248 |
| ISBN (electronic) | 978-3-339-10647-6 |
| Publication status | Published - 2019 |
Publication series
| Name | Schriftenreihe Schriften zum Versicherungs-, Haftungs- und Schadensrecht |
|---|---|
| Volume | Band 52 |
Abstract
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.
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Hamburg, 2019. 248 p. (Schriftenreihe Schriften zum Versicherungs-, Haftungs- und Schadensrecht; Vol. Band 52).
Research output: Book/Report › Monograph › Research › peer review
}
TY - BOOK
T1 - Die Bemessungsmethoden und Höhen des Schmerzensgeldes
T2 - Auswertung der Qualität und Quantität zugesprochener Schmerzensgeldbeträge
AU - Schäfer, Linda
PY - 2019
Y1 - 2019
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 - Monografie
SN - 3339106460
SN - 9783339106469
T3 - Schriftenreihe Schriften zum Versicherungs-, Haftungs- und Schadensrecht
BT - Die Bemessungsmethoden und Höhen des Schmerzensgeldes
CY - Hamburg
ER -