Affordability limit
The Tunlichkeitsgrenze (Tun | Lich | ness) designated in the Austrian and Liechtenstein law the boundary between the recovery of the caused damage ( restitution in kind ) and the award of a (usually financial) compensation (suitability level, proportionality limit, practicality limit).
In principle, according to German, Austrian and Liechtenstein law, the previous status must be restored (in rem restitution). If this is not possible or “feasible”, an appropriate replacement must be provided in Austria or Liechtenstein . The replacement is based on the current value of the item at the time the damage occurred.
In any case, compensation in kind is impracticable if the interest of the injuring party is e.g. B. in monetary substitution is greater than the injured party's interest in substitution in kind. This boundary is fluid and can e.g. B. also be dependent on the fault of the injuring party. It is also impracticable if the replacement in kind is only possible with particular difficulties (e.g. replacement in kind of a cut hedge, replacement in kind of used car tires or unreasonable items).
The Tunlichkeitsgrenze is usually by Austrian law in any case prior to when the actual economic loss of the replacement cost at car would exceed -Repairs by about 10%, unless special consideration worthy reasons (eg. As in classic cars , antique , single pieces etc. ).
Exceptions
No Tunlichkeitsgrenze there with things that no market value or market value have. Also with regard to the human body ( bodily harm ) or health , no feasibility limit can be asserted. With regard to animals, there are sometimes special provisions.
