Lover value
The lover's value is the expression of a person's subjective ideals that they attach to a thing through their affective interest .
General
As objectifiable values, things have a material value , intrinsic value , material value , metal value or use value . Through the relationship of the person to a thing (e.g. inherited jewelry , collected autographs ), personal experiences , memories or feelings are connected with the thing , through which the objective values of the thing are exceeded. The collector associates possession of the thing with the person from whom the thing originates or with whom it was related. A fan rating therefore also includes subjective aspects, which the individual rates individually higher than the majority of market participants . These ideal values represent the subjective lover value, which goes beyond the pure property interest and is therefore called affection interest. The lover's value is therefore determined by the interest of an - albeit limited group of buyers - who assesses other special features of the item beyond the usual use , such as in particular rarity ( collector's item , vintage car ) or attribution to a prominent person.
Compensation law
If an item with a collector's value is damaged and someone is liable for it , then the collector's value is not taken into account in Germany for compensation . According to § 251 BGB, the property damage actually incurred , which also includes the lost profit ( § 252 BGB) and the mercantile reduction in value ( § 249 BGB), is to be replaced, but not the collector's value .
insurance
The subjective lover value is generally not insurable. However, if a market price has been established - even within a small group of interested parties - (objective collector's value , collector's value or art value, for example in the case of stamp collections ), it corresponds to the common value and is insurable. However, the common value is regularly lower than the enthusiast value.
International
The lover's value in Austria is identical to the value of special preference . It is only above the common value for the injured party and results from the fact that the injured party has a special emotional relationship with the damaged item, for example because it is an inheritance or souvenir (Section 1331 ABGB ). The affection interest does not compensate for a loss of property, but rather an immaterial damage, comparable to the pain and suffering payment for bereavement . According to Austrian case law, the value of the particular preference is only eligible for compensation in the event of damage caused by an act prohibited by the criminal law or out of willful intent and malicious glee . The assessment of the value of the particular preference is carried out by the court according to Austrian case law and is therefore not a question of an expert.
In Switzerland , Art. 43 Para. 1 OR provides that the judge determines the amount of the damage. In the event of injury or death of a pet that is not kept for financial or commercial purposes, he can appropriately take into account the affective value ( French valeur affective ) that the animal has for the owner or his relatives when determining the compensation . 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.
