Integrity interest
The integrity interest is a legal term from German law . The integrity interest is the interest of an injured party in ensuring that their specific assets, as they are composed, remain intact.
If the injured party only has an interest in preserving his property in terms of value (interest in preservation in total), the right to damage speaks of the so-called interest in value . Both terms play a role in claims settlement ( total restitution ).
According to Section 241 (2) of the German Civil Code ( BGB) , each contractual partner has to take the other's legal interests into account. From the set of duties of the underlying obligation , the non- performance-related secondary duties of a contract are affected, such as duty of care, protection and general consideration. If damage is culpably caused, the damaging party must compensate for this in the amount of the integrity interest, if necessary in the amount of the interest in value. The replacement of the integrity interest is recorded via the restitution in kind within the meaning of § § 249 Paragraph 1 and 2 BGB, possibly also via § 250 BGB. Compensation for value interests is expressed in claims for compensation in terms of § 251 BGB.
The counterpart to the integrity interest is the equivalence interest , which considers the performance obligations ( main and secondary obligations ) from an obligation. There is also talk of performance interest here.
literature
- Dieter Medicus : Civil law. A presentation for exam preparation, arranged according to the requirements. Heymanns, Cologne 1968. 23rd, revised edition with Jens Petersen : Vahlen, Munich 2015, ISBN 978-3-8006-3908-3 , Rnr. 818-819.
- Hans-Bernhard Rengier: The demarcation of the positive interest from the negative contractual interest and the integrity interest: presented on the problem of the liability of the seller, landlord and entrepreneur for damage as a result of material defects , University of Cologne, dissertation 1976, Duncker Humblot 1977, ISBN 3-428-03889 -4 .
