Abstract
The German law of damages is governed by the concepts of compensation and restitution. According to § 249(1) of the German Civil Code (BGB, Burgerliches Gesetzbuch), a person who is liable in damages must primarily1 restore the injured person or damaged property to the position that would have existed had the wrong not occurred (Naturalrestitution, restoration of the status quo ante). If the victim has suffered bodily injury or damage to his property, § 249(2) BGB allows the latter to demand the required monetary amount in lieu of restitution. Only where genuine restitution is impossible or unreasonable (for the injured party or the tortfeasor) does the tortfeasor have to make good the resulting economic loss in money instead: § 250 s. 1, 251 BGB. Furthermore, monetary indemnification for non-economic loss presupposes an injury to the body or health, or an infringement of the victim’s freedom or sexual self-determination, § 253 BGB.
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