Bereavement Damages under German Law - Status Quo and Objectives for Reform
22 Pages Posted: 3 Nov 2012
Date Written: November 2, 2012
Abstract
Under the German law of torts or delict, nonpecuniary losses incurred as a consequence of the death of a loved one are not compensable. Only if the spouse, partner or relative suffered a nervous shock serious enough to result in a medical condition that was verified by a doctor will damages for pain and suffering be awarded. The government of Bavaria has published a draft bill that suggests to change this state of the law and to introduce bereavement damages as a response to wrongful death. This paper explores how the Bavarian proposal fits in with general trends in European tort law and discusses the pros and cons of bereavement damages. The analysis is based upon the economic objectives of the law of torts, namely efficient deterrence, efficient risk bearing and efficient administration of claims. It is being argued that bereavement damages should be limited to cases of wrongful death, excluding cases of serious bodily injury or impairment of health. Furthermore, the scope of potential plaintiffs and the amounts recoverable should be fixed by statute rather than be left for the courts to decide on a case-by-case basis.
Note: Downloadable document is in German.
Keywords: Torts, Delict, Damages, Pain and Suffering, Bereavement, Wrongful Death
JEL Classification: K13
Suggested Citation: Suggested Citation