Schadensausgleich

Schadensausgleich is a legal term used in German civil law to describe the process of restoring a party that has suffered harm to the position they occupied before the damage occurred. It encompasses both monetary compensation and non-monetary remedies and can result from tort (deliktsrecht) as well as from breach of contract or other wrongful acts.

Legal basis and scope: In the German Bürgerliches Gesetzbuch (BGB), the duty to provide Schadensausgleich generally requires the liable party to restore the injured person to the original condition (Naturalrestitution) where feasible, or to provide equivalent compensation (Schadensersatz) if restoration is not possible. The damages may cover financial losses, property damage, and, in some cases, immaterial harm such as pain and suffering, depending on the governing statute and the circumstances. Liability is typically tied to fault and breach of a duty of care, with possibilities for contributory negligence reducing the compensation.

Calculation and types: Monetary damages aim to cover actual losses and reasonably foreseeable consequences. Natural restitution seeks repair, replacement, or return of the thing to its prior state. In many cases, the party responsible bears the burden of proving the extent of damage and causation; insurance can play a role in providing Schadensausgleich through policy benefits or subrogation.

Procedural aspects and limits: Claims for Schadensausgleich are generally pursued in civil court, but may be settled by agreement. The right to damages is subject to statutory limitation periods and caps, and may be offset by the injured party's own fault (Mitverschulden). The concept remains central to civil liability, ensuring victims are made whole to the extent possible by compensation or restoration.