1889944
9783805909808
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[Law of Damages]With the "Second Amendment to the Law of Damages" which came into force on 1 August 2002, the general Law of Damages of the German Civil Code underwent the most significant changes since the Civil Code came into effect.The comments on sections 249 - 254 appreciate in detail the new regulations concerning injuries to property (section 249 sub-section 2, phrase 2, revised version), and, for the first time, includes financial compensation for immaterial damages (section 253 sub-section 2, revised version), which in another context (section 847, old version) formed the basis for one of the most important and dynamic claims in Civil Law. By extending the right to financial compensation to contractual claims and to absolute liability, by the new dimensions of financial compensation for private injury in the judiciary and by the ongoing discussion on legal policies and legal dogma about compensation for negligible immaterial losses, section 253 (new version) becomes a focus for current and future legal practice of the general Law of Damages and therefore also for commenting.Schiemann, Gottfried is the author of '249-254 (Schadensersatzrecht', published 2004 under ISBN 9783805909808 and ISBN 3805909802.
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