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Udmåling af erstatning ved personskade og tab af forsørger - Krim

Udmåling af erstatning ved personskade og tab af forsørger - Krim

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299<br />

ment in the various countries. What is desirable is an ap-<br />

proximation of law in this respect. If agreement could be<br />

reached as to what is understood by loss, a major step would<br />

already have been taken in this direction. In the interests of<br />

a fair compensation practice, the economic consequences of an<br />

injury, i.e. those that can be measured by money, should be<br />

consistently separated from the non-pecuniary disadvantage,<br />

assessed as completely as possible and made good taking into<br />

account the circumstances of each individual case.<br />

In addition, appropriate compensation should be paid for non-<br />

pecuniary impairment, i.e. for pain and suffering, for a dis-<br />

figurement or loss of amenity of life. Since it is not pos-<br />

sible to calculate the concrete value of this disadvantage in<br />

terms of money, an objective, abstract assessment yardstick<br />

should be applied based on the degree of injury and its physi-<br />

cal and psychic consequences. In this respect, too, there are<br />

still great differences from country to country in European<br />

compensation practice, as can be seen from the following<br />

<strong>tab</strong>le (no. 8).<br />

No doubt one of the principal tasks of us insurance lawyers -<br />

and thus of the A.I.D.A. - is to harmonise the national laws<br />

and fundamental legal concepts. There still remains much to be<br />

done in this respect in the field of tort law and the law of<br />

damages.

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