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Book VI Non-contractual liability arising out of damage caused to another Chapter |: Fundamental provisions Vi. ~1:101: Basic mule (1) A person who suffers legally relevant damage has a right to reparation from a person who caused the damage intentionally or negligently or is otherwise accountable for the causation of the damage. (2) Where a person has not caused legally relevant damage intentionally or negligently that person is accountable for the causation of legally rele- vant damage only if Chapter 3 so provides. VI. - 1:102: Prevention ‘Where legally relevant damage is impending, this Book confers on a person who would suffer the damage a right to prevent it. This right is against a person who would be accountable for the causation of the damage if it occurred. VI. - 1:103: Scope of application Vi.-1:101 (Basic rule) and VI. -1:102 (Prevention): (a) apply only in accordance with the following provisions of this Book: (b) apply to both legal and natural persons, unless otherwise stated; (c) do not apply in so far as their application would contradict the purpose of other private law rules; and (d) do not affect remedies available on other legal grounds. has to compe! liability are met. In basis for shifting it to another. Furthermore, Art. 1:101 provides that damage has to be compensated. basic norm thereby stresses firstly one of the general conditions for liab namely that another person suffered harm; secondly, that tort law strives. for compensation of that harm. Therefore, the Principles of tort law are no basis for punitive damages or other payments which are not in corre- spondence with harm suffered by the victim’. This is underlined once more by Art. 10.101 which says that damages are payments to restore the victim, and points out that damages serve primarily the aim of compensa~ tion but also of prevention. However, compensable harm is not confined to loss of money or property or financial expenditure. "See U. Magnus, Comparative Report on the Law of Damages, in: J. Magnus (ed), Unifica- tion of Tort Law: Damages (2001) 185. Koziol 19

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