Folgenbeseitigung und Folgenersatz als negatorische Leistungsansprüche
German, Katharina Henzler, 2015More than 10 pieces in stock at supplier
Product details
The study examines whether a claim for damages can be derived from the negative fundamental rights within the context of state liability law. Unlike the existing claim for removal of consequences, which only includes restitution in kind, this claim would also be directed towards monetary compensation. To this end, after a brief overview of the development of claims for removal of consequences and claims for damages, as well as their derivation approaches, the focus is particularly on the fundamental rights in their negative defensive function. The attention is on whether the fundamental rights also encompass claims for removal and what objections may be raised against this. Subsequently, the question arises regarding the scope of such a claim, whether the required restoration can also take the form of monetary compensation, and under what circumstances this is the case. Additionally, it must be examined whether intangible rights can also be compensated in monetary terms. Finally, the design of the claim for damages, its calculation, and its relationship to the claim for removal of consequences will be analyzed.
topic | Economy & Law |
Language | German |
Author | Katharina Henzler |
Year | 2015 |
Book cover | Paperback |
Item number | 7968934 |
Publisher | Peter Lang |
Category | Reference books |
Release date | 7.3.2018 |
topic | Economy & Law |
Language | German |
Author | Katharina Henzler |
Year | 2015 |
Book cover | Paperback |
CO₂ emissions | 0,35 kg |
Climate contribution | EUR 0,12 |
Product Safety |
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