Alemanha Código Civil
Nature and extent of damages
A person who is liable in damages must restore the position that would exist if the circumstance
obliging him to pay damages had not occurred.
Where damages are payable for injury to a person or damage to a thing, the obligee may demand
the required monetary amount in lieu of restoration. When a thing is damaged, the monetary amount required under sentence 1 only includes value-added tax if and to the extent that it
is actually incurred.
Damages in money after the specification of a period of time The obligee may specify a reasonable period of time for the person liable in damages to undertake restoration and declare that he will reject restoratio n after the period of time ends. After the end of the period of time the obligee may demand damages in money, if restoration does not occur in good time; the claim to restoration is excluded.
Damages in money without the specification of a period of time
To the extent that restoration is not possible or is not sufficient to compensate the obligee, the
person liable in damages must compensate the obligee in money.
The person liable in damages may compensate the obligee in money if restoration is only possible
with disproportionate expenses. Expenses incurred as a result of the curative treatment of an injured animal are not disproportionate merely because they significantly exceed the value of the animal.
The damage to be compensated for also comprises the lost profits. Those profits are considered lost
that in the normal course of events or in the special circumstances, particularly due to the measures
and precautions taken, could probably be expected.
Money may be demanded in compensation for any damage that is not pecuniary loss only in the
cases stipulated by law.
If damages are to be paid for an injury to body, health, freedom or sexual self-determination, reasonable compensation in money may also be demanded for any damage that is not pecuniary loss.
Where fault on the part of the injured person contributes to the occurrence of the damage, liability
in damages as well as the extent of compensation to be paid depend on the circumstances, in
particular to what extent the damage is caused mainly by one or the other party.
This also applies if the fault of the injured person is limited to failing to draw the attention of the
obligor to the danger of unusually extensive damage, where the obligor neither was nor ought to have been aware of the danger, or to failing to avert or reduce the damage. The provision of section 278 applies with the necessary modifications.
Assignment of claims to compensation
A person who must pay damages for the loss of a thing or a right is only obliged to compensate in return for the assignment of the claims which the person entitled to damages holds against third
parties on the basis of ownership of the thing or on the basis of the right.
Payment of interest on expenses
A person who is obliged to reimburse expenses must pay interest from the date of the expense
onwards on the amount expended or, if other objects than money have been expended, on the
amount payable as compensation for their value. Where expenses have been incurred on an object
that must be returned to the person liable in damages, interest need not be paid for the period of time for which the person entitled to damages is unremunerat ed for the emoluments or fruits of the object.
Claim for release
A person who is entitled to demand reimbursement of expenses he incurs for a specific purpose may, if he assumes an obligation for this purpose, demand release from the obligation. If the obligation is not yet due, the person liable in damages may provide security to him instead of releasing him from the obligation.