Die Naturalrestitution durch den Geschädigten

The subject of this volume is the rule contained in paragraph 249, clause 2, of the German Civil Code. Ulrike Picker bases her study on the principle of compensation as a fundamental principle of the law of damages in the Civil Code and the prohibition of financial compensation for non-material damages, which is established in paragraph 253 of the Civil Code. The author shows that the basic approach to the »objective« determination of the indemnity according to paragraph 249, clause 2, as defined by the prevailing theory of the injured party's freedom of decision is incompatible with the system of the valid law of damages. The extent of the claim resulting from paragraph 249, clause 2 can only be determined according to the actual expenses incurred by the injured party for restitution measures.