Udmåling af erstatning ved personskade og tab af forsørger - Krim

2 9 o
Nevertheless, the social security system generally accepts
a settlement of its right of subrogation in the form of a
lump sum for the annuities it will have to pay in future,
computed according to the probable working-life expectancy
of the injured or deceased person and usually based on the
amount of the annuity currently paid. Sometimes, however,
the social security system claims an additional charge
against the liability insurer for future increments in the
annuity it is likely to have to pay because of inflation.
Following these preliminary remarks, I would now like to
deal with the position in some specific Continental Euro-
pean countries.
3.3 Federal Republic of Germany
According to German law, losses arising from total or
partial disability as a consequence of bodily injury must
in principle be compensated for by the payment of an
annuity. This also applies to the loss of support which
survivors suffer in the event of the death of the bread-
winner. A judge may only deviate from this basic rule at
the request of the claimant, if this can be justified by
some important reason.
As provided by S 323 of the Code of Civil Procedure, if
the circumstances on which the court's decision was based
change significantly, the annuity is increased or reduced
at the request of the claimant or the person liable. A
substantial rise in the general price and wage level is
regarded as a significant change.
In out-of-court settlements, however, the pcirties are free
to decide on the form of compensation. In practice, the
payment of a lump sum by the liability insuror i£ far r^ore
frequent in these settlements, because the claimant often
prefers to be paid the part of the claim not covered by