ALEMANHA

Alemanha Código Civil

Section 249

Nature and extent of damages 

(1)

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. 

(2)

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. 

Section 250

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. 

Section 251

Damages in money without the specification of a period of time 

(1)

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. 

(2)

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. 

Section 252

Lost profits 

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. 

Section 253

Intangible damage 

(1)

Money may be demanded in compensation for any damage that is not pecuniary loss only in the 

cases stipulated by law. 

(2)

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. 

Section 254

Contributory negligence 

(1)

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. 

(2)

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. 

Section 255

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. 

Section 256

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. 

Section 257

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. 

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