Utracony zysk jako postać szkody w prawie niemieckim

Abstract

The Author presents, on the basis of German case law and legal literature, the problems arising in connection with the interpretation of § 252 of the German Civil Code. Four groups of problems may be distinguished: a) the concept of lucrum cessans, the criteria of qualifying damage as lucrum cessans and the relation between lucrum cessans and other forms of damage; b) evidencing lucrum cessans in legal proceedings; c) methods of assessing the scope of lucrum cessans; d) legal qualification of damage in the light of actual possibilities to gain profit and legal premisses of generating profit. The above problems have been analysed in four respective parts of the article. In the fifth part tile Author compares the institution regulated in § 252 of the German Civil Code with the corresponding provisions of Art. 361 § 2 of the Polish Civil Code.