Normative concept of damage
The normative term damage is a technical term in German damage compensation law .
Not all damage caused can be recorded in the same way. As a rule, the damage that has occurred is determined according to the difference hypothesis . The normative concept of damage, however, is intended to determine the ability to compensate for such damage which cannot be captured with the differential hypothesis alone. In such cases, it is advisable to carry out a - thus normative - correction, taking into account the protective purpose of the standard .
If damage has already been compensated for in another way, for example due to repairs by the injured party himself, it appears unreasonable to let the injuring party benefit from it. The same applies if the injured party receives compensation from his insurance company . According to the difference hypothesis, such damage is deemed not to be compensable. However, a clear definition of the concept of normative damage is proving difficult. Jurisprudence and literature represent different views on this.
literature
- Dieter Medicus : Normative damage. In: Legal Training . 1979, p. 233 ff.