By Helmut Koziol, Barbara C. Steininger
This crucial Yearbook makes a speciality of the 12 months 2006 to supply a entire assessment of the most recent advancements in tort legislation in Europe. It includes reviews on such a lot ecu Member States, together with new Member States. moreover, the booklet offers an summary of the advancements within the box of european legislations in addition to a paper on Romanian tort legislations. In end, a comparative precis reports the fundamental elements of all reviews, that are written through students from the respective jurisdictions.
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Extra info for European Tort Law 2006 (Tort and Insurance Law Tort and Insurance Law - Yearbooks)
Deliktsrecht in Europa, Country Report Sweden (1993) 35; contra reduction: Germany: C. ; J. Hager in: J. von Staudingers Kommentar zum Bürgerlichen Gesetzbuch (13th ed. 1999) §§ 823–825, § 823 no. B 39. Von Bar (fn. 3) no. 62 ff.
Sprau in: O. Palandt, Bürgerliches Gesetzbuch (66th ed. 2007) § 843 no. 11; cf. also B. Markesinis/M. Coester/G. Alpa/A. ; Scotland: with particular clarity sec. 2 (1) Damages (Scotland) Act 1976 (sec. 3 Damages (Scotland) Act 1993). 38 Christiane C. 9 Quite naturally, if no such claim is awarded to the victim herself, it will not pass on to the estate or the heirs by way of succession. C. PECUNIARY LOSS SUFFERED BY THIRD PARTIES 10 As we have seen, it is not the victim himself who acquires a claim against the tortfeasor because, from the victim’s death onwards, losses no longer accrue to him but instead to third parties.
A. Witting, Compensation for Pure Economic Loss from a Common Lawyer’s Perspective no. 51; H. Koziol, Compensation for Pure Economic Loss from a Continental Lawyer’s Perspective no. H. van Boom/H. A. ), Pure Economic Loss (2004). Van Boom (fn. 11) no. 60 and 75 ff. Koch/Koziol (fn. 1) no. 66 with references to the country reports. In determining the amount of damages, the benefits which the successor gains by inheriting the victim’s patrimony earlier than in case of natural death have to be taken into account.