Udmåling af erstatning ved personskade og tab af forsørger - Krim

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damages in the form of index-linked annuities also was to
have serious consequences for liability insurers. At this
point, the French Parliament regularised the matter by a
new law promulgated on 27th December 1974. According to
this, all annuities awarded in motor third party liability
cases as compensation for permanent disability of at least
75% or, following a fatal accident, for loss of support
must be linked to the wage index as from 1st January
1975. To cover the increases in annuities, motor insurers
were compelled to establish a fund administered by the
Caisse Centrale de Reassurance and financed by means of an
extra contribution from the French policyholders, the rate
being fixed by the Government (at present 1.50% of the
motor third party insurance premiums).
Judges are still free to award damages in the form of
either a capital sum or an annuity: if, however, an annui-
ty is awarded in cases coming under the above law, the
annuity must be indexed according to the respective provi-
sions.
However, the new law did not basically change the attitude
of French courts which still prefer to award lump sums in
the great majority of liability cases.
3.5 Italy
Losses arising from tortiously inflicted disability or
death are, as a rule, compensated for by lur.p-sum pay-
ments. The courts use the capitalisation tables of the
"Cassa Nazionale delle Assicurazioni Social!". These are
mortality tables dating back to 1922 and are based on an
interest rate of 4.5%. As a person does not usually work
until the last day of his life, the amount calculated on
the basis of mortality tables is corrected accordingly.
The deduction is called "lo scarto fra 1a vita fisica e
lavorativa" (difference between the duration of a person's