Compensatio lucri cum damno - Tillämpningen av avdrag för fördelar vid skadeståndets bestämmande
Compensatio lucri cum damno - The application of deductions on benefits in determination of indemnity
Author
Summary, in English
On the basis of the tort law principle of compensatio lucri cum damno, benefits followed by a damage may be deducted against the indemnity. This is in order not to overcompensate the party that suffered the damage. The purpose of this thesis has been to, through a legal dogmatic method, describe the closer meaning of the principle. The thesis has also aimed to investigate how deductions for benefits are applied in the context of insurance law.
The thesis has answered the questions about when the principle of compensatio lucri cum damno may become relevant, what types of benefits may result in deduction, questions of evidence, requirements for causation and the principle´s relationship to the legal principle of unjustified enrichment. The thesis has also touched upon the issues regarding the importance of the principle, and how it is expressed, within insurance law.
The result of this presentation is that the principle of compensatio lucri cum damno's meaning has, in many aspects, been more concretely formulated. The principle is based on unjust enrichment reasonings and it can be stated that in cases where explicit legal support does not exist for making deductions for benefits, the principle becomes relevant. Only economically measurable benefits can be subject to deduction and the tortfeasor is charged with the burden of proof for the benefit gained. However, the legal situation may be said to be unclear as to whether the concept of adequate causation also applies in the relationship between damage and benefit.
Deductions for benefits are also applied within insurance law. The principle has a direct significance in the liability insurance and is expressed in the rules on property valuation in the Insurance Contracts Act. The principle is also expressed when insurance compensation and indemnity are coordinated according to the coordination rule in the Tort Liability Act.
The thesis has answered the questions about when the principle of compensatio lucri cum damno may become relevant, what types of benefits may result in deduction, questions of evidence, requirements for causation and the principle´s relationship to the legal principle of unjustified enrichment. The thesis has also touched upon the issues regarding the importance of the principle, and how it is expressed, within insurance law.
The result of this presentation is that the principle of compensatio lucri cum damno's meaning has, in many aspects, been more concretely formulated. The principle is based on unjust enrichment reasonings and it can be stated that in cases where explicit legal support does not exist for making deductions for benefits, the principle becomes relevant. Only economically measurable benefits can be subject to deduction and the tortfeasor is charged with the burden of proof for the benefit gained. However, the legal situation may be said to be unclear as to whether the concept of adequate causation also applies in the relationship between damage and benefit.
Deductions for benefits are also applied within insurance law. The principle has a direct significance in the liability insurance and is expressed in the rules on property valuation in the Insurance Contracts Act. The principle is also expressed when insurance compensation and indemnity are coordinated according to the coordination rule in the Tort Liability Act.
Department/s
Publishing year
2019
Language
Swedish
Full text
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Document type
Student publication for professional degree (Master's level)
Topic
- Law and Political Science
Keywords
- Civilrätt
- Förmögenhetsrätt
- Skadeståndsrätt
- Försäkringsrätt
Supervisor
- Eva Lindell-Frantz (Assistant Professor)