Affect interest

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As Affektionsinteresse (=  lover interest , too: sentimental value ) in is tort law the economically measurable interest referred that the tortfeasor are generally not replaced must. This includes, for example, the purely personal lover value , memory value or emotional value of an otherwise worthless thing . The injuring party does not have to compensate the injured party for this purely non-material damage. The terminology is based on immaterial damage law.

The reason for this is that the German tort damages that are not financial losses will be replaced only in exceptional cases. In principle, the claim for damages is based either on reimbursement of the costs necessary for restoration ( § 249 BGB ) or, if this is not possible, on compensation for the interest in value ( § 251 BGB). The interest in value is generally measured according to the market value and not according to the subjective value that the injured party attaches to the thing.

In tax law , expenses out of affective interests can not be deducted from income in a tax- reducing manner.

International

In Austria , non-pecuniary damage is only compensated if the legislature explicitly provides for this. For example, according to § 1331 ABGB, the interest in affection is replaced if the perpetrator acts with qualified intent. In Switzerland , Art. 43 OR provides that in the event of injury or death of a pet that is not kept for financial or commercial purposes , the judge can appropriately take into account the affective value ( French valeur affective ) that the animal is considered to be has the owner or his relatives. This takes account of the fact that animals are not just things, but that the owner builds an emotional relationship with his animal and therefore killing (or injuring) the animal can impair the emotional well-being of the owner or his relatives.

literature

  • Martin Kindler: Affectionis aestimatio. On the origin of the interest in affection in Roman law and its reception (writings on the history of European law and constitution, volume 58). Duncker & Humblot, Berlin 2012, ISBN 978-3-428-13756-5 .
  • Dieter Störmer: The replacement of the affection interest in historical development , university publication in SWB catalog no .: 005390516, (at the same time dissertation at the University of Hamburg, 1977).