Pure financial loss
Under a pure or mere financial loss is understood in the German, Austrian and Swiss tort law a financial loss which no intervention in an absolutely protected legal interest (life, physical integrity, property, etc.) the injured party has taken place.
Such damage can be reflected, for example, in lost sales, bad investments or the disadvantage suffered through incorrect information.
In the area of the German Civil Code (BGB), pure pecuniary damage is generally only replaced in the case of contractual liability, as otherwise there would be a risk of excessive liability. In the case of legal protection relationships ( parents , guardians , carers, etc.), compensation for financial losses is also possible (Section 1833 BGB).
Example case
- S causes a traffic accident in which A is injured and B has to wait in a traffic jam. Due to the transport to the hospital or the waiting time in a traffic jam, both miss out on a lucrative contract conclusion.
Only A, who has been harmed to health as an absolute right, receives compensation for the lost profit as well as the positive damage (in the form of personal injury). For him, these are financial losses, but in the sense of the definition above, they are not pure financial losses. B, on the other hand, misses out on the lack of a violation of his (!) Absolutely protected rights and lack of a contractual relationship with S
Individual evidence
- ↑ Hans-Bernd Schäfer , Claus Ott : The area of protection of tort law and the replacement of pure financial losses. In: Textbook of the economic analysis of civil law. Springer-Verlag , Berlin, Heidelberg 2012, pp. 317–355
- ^ OGH, decision of June 2, 1982 - 1Ob597 / 82 u. a.
- ↑ Peter Gauch, Justin Sweet: Deliktshaftung for pure property damage in: Festschrift Max Keller, Zurich 1989, p. 117 ff.
- ↑ Wolfram Proksch: Contract & Liability Law II. Statutory Obligations TU Vienna, 2005
