Tort and Insurance Law, vol. 2W.V. Horton Rogers (ed.)
Damages for Non-Pecuniary Loss in a Comparative Perspective

Tort and Insurance Law, vol. 2
originally published with Springer (Vienna/New York); now available at Verlag Österreich (Vienna)
318 p. ISBN 978-3-7046-6057-2

Language: English

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How should loss, which cannot be expressed in money, be compensated? How should pain be financially assessed? Questions which are increasingly gaining significance. The volume focuses on bodily injury, non-pecuniary loss and compensation in an overview of the various provisions in Europe written by leading international experts as authors.
At the centre of the presentation is non-pecuniary loss. These losses, not measurable in money, are examined in country reports written by leading international experts. These reports are supplemented by a comprehensive comparative report and a discussion concerning the harmonisation or standardisation of compensation for non-pecuniary loss. The volume provides important ideas for future developments.
The questions of to what extent the various European legal systems have general principles in the area of non-pecuniary loss or whether there are rather special provisions for certain circumstances are dealt with. In this context the volume examines how far the presence of such special provisions allows conclusions concerning the position or the significance of non-pecuniary loss in the various legal systems.
Whether, and to what extent compensation of non-pecuniary loss is seen as a necessary function or is only regarded as secondary in comparison to compensation for loss of income and expenses is also analysed. Special significance is given to the admissibility, in principle, of and the provisions relating to the compensation of non-pecuniary loss in the case of bodily injury.
Contents and Contributors
S. Heyd: Welcome Speech from the "Damages for Non-Pecuniary Loss in Europe" Meeting

Country Reports
E.Karner/H. Koziol: Austria
H. Cousy/D. Droshout: Belgium
W.V.H. Rogers: England
S. Galand-Carval: France
U. Magnus/J. Fedtke: Germany
K.D. Kerameus: Greece
F.D. Busnelli/G. Comandé: Italy
M.H. Wissink/W.H. van Boom: Netherlands
M. Nesterowicz/E. Baginska: Poland
M. Martín-Casals/J. Ribot/J. Solé: Spain

W.V.H. Rogers: Comparative Report

Appendix 1: I. Gilead: Non-Pecuniary Loss - The Israeli Report
Appendix 2: P. Tercier: Short Comments Concerning Non-Pecuniary Loss Under Swiss Law