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Schmerzensgeld und actio iniuriarum aestimatoria

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Der Fall Van Kreuningen/Bessem

Compensation for non-pecuniary loss and the actio aestimatoria, The case of Van Kreuningen/Bessem. – In the case Van Kreuningen/Bessem of 1943, the Roman actio iniuriarum (aestimatoria) was used as an argument in favour of granting compensation for non-pecuniary loss. This is surprising for a number of reasons, not least because it was a penal action. In this article, the action and its value as an argument is studied in the wider context of the history of compensation for pain, suffering and disfigurement in Dutch law before and after the codification of 1838.

Affiliations: 1: Erasmus Universiteit Rotterdam / Universiteit Antwerpen, PO Box 1738, 3000 DR Rotterdam


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