Compensation for shock damage, pain and suffering, in case of bereavement for pets
Intangible damage and interpretation of §§ 1331, 1332a ABGB
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The book deals with the question of whether and how claims of "third" (close) persons for pain and suffering due to the death or serious injury of another (close) living being can be dogmatically justified. The focus is therefore on claims for compensation for pain and suffering due to one's own mental health impairment on the one hand, and due to the (mere) triggering of feelings of grief, compassion or anxiety on the other. The prerequisites for such claims are examined and the question of the extent to which an intense emotional relationship with the killed or seriously injured living being...
The book deals with the question of whether and how claims of "third" (close) persons for pain and suffering due to the death or serious injury of another (close) living being can be dogmatically justified. The focus is therefore on claims for compensation for pain and suffering due to one's own mental health impairment on the one hand, and due to the (mere) triggering of feelings of grief, compassion or anxiety on the other. The prerequisites for such claims are examined and the question of the extent to which an intense emotional relationship with the killed or seriously injured living being is important is answered. In particular, this thesis will show that third parties may be entitled to such claims as a result of the death or serious injury of both humans and animals.
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