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Announcement Of Law On Liability

Original Language Title: Bekendtgørelse af lov om erstatningsansvar

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Table of Contents
Chapter 1 Compensation and compensation for personal injury and loss of the provider
Chapter 2 liability for damages that are covered by insurance
Chapter 3 Various provisions
Chapter 4 Entry into force, etc.

Publication of the law of liability

In this way, the law of liability shall be made on liability, cf. Law Order no. 885 of 20. September 2005, with the changes resulting from Section 6 of Law No 1545 of 20. December 2006, section 8 of Law No 523 of 6. June 2007, section 1 of law no. 610 of 14. June 2011 and section 2 of the Law No 1244 of 18. December 2012.

Chapter 1

Compensation and compensation for personal injury and loss of the provider

Personal injury

§ 1. Whoever is responsible for personal injury shall pay compensation for lost profit, recovery costs and other losses incurred as a result of injury and compensation for frauding and pain.

Paragraph 2. If the damage has been sustained, compensation shall also be paid for the permanent mone and compensation for loss or deterioration of professional capacity.

Paragraph 3. The value of work in the home is equated with a business income.

§ 1 a. Compensation for future health costs and other future losses as a result of the damage, cf. Section 1 (1). 1, shall be set at a capital amount which may not exceed the expected average annual expenditure multiplied by 10. In the matter of permanent expenditure, section 4 (4) shall be referred to in paragraph 4. 2, similar application.

Lost Work Probe

§ 2. Compensation for lost work profits shall be granted until the victims may start working again. May it be assumed that injured persons will suffer a 15% occupational loss. or more, shall be compensating until such time as it is possible to temporarily or definitively be fair to the future professional capacity of the victims.

Paragraph 2. In the compensation payment, the compensation is deduction under sickness, benefits from the employer or the municipal board, compensation in accordance with a temporary decision on compensation for occupational health insurance payments, to the extent that this replacement covers one ; a period of compensation for loss of earnings, and insurance benefits which are of a genuine compensation and similar benefits to the injured.

Svie and pain

§ 3. The balance of frauding and pain is $130. for each day, the injured is ill. In exceptional cases, compensation may be paid for frauding and pain, even if the injured people are not ill. The amount of the allowance shall not exceed 50,000 kr.

Varigt mén

§ 4. Allowance for the permanent mone shall be fixed at a capital amount calculated taking into account the medical nature and the extent of the damage and the disadvantages caused by the victim's personal life-execution. The compensation is at a ménrate of 100%. 573.500 kr. At a lower méneg, the amount shall be reduced proportionately. In exceptional cases, the mone compensation may be set at a higher level, but at most EUR 687,500. At a méngrad of less than 5%. shall not be reimbursed.

Paragraph 2. In the event of injury to the injury of the injury, the compensation shall be reduced by a 1% reduction. for each year, the victims were older than 39 years in the event of injury. If injured were filled to 60 years, the compensation shall be reduced by a further 1%. for each year, the victims were older than 59 years in the event of injury. However, the compensation shall not be reduced further after the 69. Years.

Acquisizable

§ 5. If a person's injury has resulted in a lasting reduction in the ability of a victim to recover from work, compensation for the loss of professional capacity will be compensated for.

Paragraph 2. In the case of the assessment of the performance of the professional life, the possibility of obtaining income from such work shall be taken into account in order to be reasonably required by the person concerned after his skills, education, age and opportunity for vocational retraining. and rehabilitation or something.

Paragraph 3. Manufacturer ' s ability to work is calculated as a percentage (the percentage of professional trainers (professional percentage). No compensation shall be granted if the job losses are less than 15%.

§ 6. The replacement shall be set at a capital amount that constitutes an annual salary of the injured year, cf. section 7, multiplied by the professional percentage in accordance with the professional name of the profession. Section 5 (5). 3, then multiplied by 10.

Paragraph 2. The amount of the replacement may not exceed 6,020,000 kr.

§ 7. As a yearly salary, the total business income of the injured year shall be considered as a total of the year preceding the date of entry into force.

Paragraph 2. However, the annual salary shall be determined in accordance with a view to the effect that the specific income or employment relationship or other particular circumstances have been in force.

§ 8. In the case of a harmful injury not filled to 15 years, the replacement shall be fixed as a capital amount, which amounts to $276,000 kr. multiplied by the mone degree, cf. § 4, and then multiplied by 10. At a méngrad of less than 5%. shall not be compensating.

§ 9. In the event of damage to the injury of the injury, the replacement shall be reduced by 1%. for each year, the victims were older than 29 years in the event of injury. If injured had been 55 years, the replacement will be reduced by a further 2%. for each year, the victims were older than 54 years in the event of injury. However, the replacement shall not be reduced further after the 69. Years.

Emodation for the Agency for Health and Safety Management

§ 10. Both victims of injury may obtain an opinion on the question of the determination of the mone degree and the occupational loss from the Health and Safety Board. The opinion shall, as far as possible, be given within 1 year and no later than two years after the submission of the request for an opinion. If the commercial situation is not resolved, the Management Board may, where special circumstances arise, provide a temporary statement. In such cases, it shall be stated in the statement that it is temporary.

Paragraph 2. The Board ' s opinion shall be justified on the grounds of section 24 of the Administrative Code.

Paragraph 3. Damage to access to the case of the Health Board shall be entitled to access to the case of the Health Board in accordance with Chapter 4 of the Administrative Board.

Recording

§ 11. A closed case of compensation or compensation may be resumed at the request of the victims, if the facts of the case are substantially changed in relation to those laid down for the end of the case. The assessment of whether or not resumption can be made shall be carried out for each replacement item for them, cf. however, paragraph 1 Two and three.

Paragraph 2. In the case of an occupational loss of at least 15 pcters, a resuming of the case may not be compensating for lost working profits.

Paragraph 3. A closed case of reimbursement or compensation cannot be resumed solely for the provision of further compensation for the costs incurred and the loss and compensation for frauding and pain. If the case is resumed in accordance with paragraph 1 However, compensation for the costs incurred and the loss and compensation for frauding and pain may be compensating if there are significant unforeseen changes in the health mode.

Paragraph 4. In the case of a resumption of the case, section 10 shall apply.

Loss of forgrievings, etc.

§ 12. Whoever is responsible for the death of someone else, must pay compensation for fair funeral expenses and compensation for the loss of a provider at the death loss. The value of the deceased's work also includes the value of the home of the deceased.

Compensation for spouse or concolivers

§ 13. Compensation for loss of parents of spouse or concolivers shall be 30%. the replacement of the deceased may be assumed to have achieved a complete loss of the professional capacity, cf. § § 5-8. However, the replacement shall be at least 644,000 in the head, unless exceptional circumstances exist.

Paragraph 2. If the berger was full of 30 years, the replacement will be reduced in accordance with the rules in section 9.

Impient loss-state for children

§ 14. Replacement for the loss of a child to live children shall be set at an amount equal to the sum of the contributions to the child's subteam, which the deceased at the time of injury could be subject to the act of the child's grieving if the deceased had been ; contributory. If the deceased was an only provider, the replacement will be increased by 100%.

Transitional amount

§ 14 a. There shall be the living spouse or conforming a transitional amount of DKK 108 000. If the deceased is not omitted or consented, the transitional amount may be attributed to another person to be abandoned when special circumstances are therefore in the form of such a person. In the case of a transitional amount, the person concerned may not claim compensation for burial costs.

Adjustment of compensation and reimbursement amounts

§ 15. They in section 3, section 4, paragraph 4. Paragraph 1, section 6, paragraph 6. 2, section 8, section 13 (3). ONE, TWO. ............ 1. 1 January by 2.0%. the adjustment percentage laid down for the financial year in question, cf. Act of a rate adjustment percentage. The resulting amounts shall be rounded off to the nearest 500 delegate, for the amount referred to in sections 3, 1. pkt., however, the amount of the said amount shall be to the nearest 5-equal amount of the crown. The adjustment shall be made on the basis of the amounts currently in force in force before rounding.

Paragraph 2. The Minister of Justice is announcising the regulations to take place every year.

Paragraph 3. Replacement and reimbursement shall be determined on the basis of the amounts which are set out in accordance with paragraph 1. 1 was applicable at the time when the compensation and compensation could be requested in accordance with section 16 (3). 1. Annual salary after section 7 and replace after section 14 are adjusted in accordance with the rules laid down in paragraph 1. 1 in the period between the appearance of the injury and the time in which compensation and compensation could be requested in section 16 (3). 1.

Payment, entre and obsolescence

§ 16. Allowance and compensation may be required to obtain paid 1 month after the injury has been able to obtain the information required for the assessment of the amount of the compensation. If, prior to final inventory, the claim may be carried out, the claim may be paid for any part of the required amount, in accordance with the rules laid down in 1. Act. A sum of this kind and amounts paid out as temporary gaunting will not later be required to be repaid or offset in other replacements.

Paragraph 2. The amount shall be brackets from the time it may be required to be paid in accordance with paragraph 1. 1, with an annual interest rate corresponding to the interest rate, in accordance with Article 5 of the interest-rate.

Paragraph 3. Claims for reimbursement and replacement are subject to limitation of the statute of limitations, unless otherwise provided by special provisions on the statute of limitations of the second law, the legal guardian of the Statute. However, paragraph 2 shall not apply to the payment period referred to in paragraph 1. 1.

The liability of the replacement officer

§ 17. Benefits in accordance with social legislation, including unemployment benefits, social security benefits, pension schemes and benefits under the law on occupational health insurance 1) which an injured person or living may not constitute a basis for regression against the liable officer. The same applies to pensions paid by state, municipality or under the second pension scheme, as well as insurance services regardless of the nature of the insurance, cf. Section 22 (2). 2. Nursing benefits in sickness benefits may, however, provide a basis for regression against the compensation officer in accordance with the sickness benefits referred to in Article 78 (5) of the sickness benefits. 1.

Paragraph 2. An employer who has paid the daily allowance or the sickness wage to an injured person or has paid out associated benefits may be made to govern the liable officer in the extent to which the employer has suffered a loss.

Transfer of compensation and reimbursement requirements

§ 18. Claims for damages and compensation for personal injury and claims for damages to the person who lost a provider may not be transferable, as long as the requirement and its size are not recognised or established by the courts.

Paragraph 2. Compensation and compensation referred to in paragraph 1. 1 may not be assumed to be consumed, shall not be included in the personal property of spouses in the case of a change in marriage, separation or resettlement. However, the compensation or compensation shall be made in the form of property when the replacement of the replacement shall be paid to death unless the compensation or compensation is laid down in the prenuptial agreement.

Paragraph 3. The rules of paragraph 1. 1 and 2 shall not apply to claims for compensation for lost work profits.

Chapter 2

liability for damages that are covered by insurance

§ 19. To the extent an injury is covered by a sock insurance or operating loss of insurance, there is no liability.

Paragraph 2. Rule of paragraph (1) 1 shall not apply where :

1) the liable officer responsible for the damage caused intentionally or in the event of gross negligence, or

2) the damage has been caused by the exercise of public or business activities or undertakings which may be treated as such.

Paragraph 3. If an employee has caused damage to the insurance, an operating loss insurance or employer ' s liability insurance, the worker shall not be liable to liability unless the injury has been intentionally intentional or by gross negligence.

20. The State, a municipality or another public institution, which in general is self-assurance, has been presented as if insurance was drawn, cf. § 19.

§ 21. section 19 and 20 shall not apply to the liability of compensation referred to in :

1) the rules of traffic law on responsibility for motor vehicles, or which are covered by the compulsory liability insurance for motor vehicles ;

2) air law, or

3) The law.

§ 22. In the case of liability for injury covered by an indembation insurance, the insurance undertaking shall be liable to the extent that it has paid compensation in the victim ' s right to the liability of the liable officer.

Paragraph 2. In the case of life, accident or health insurance or other personal insurance, the company shall not claim the liability of the liable person regardless of the insurance.

Chapter 3

Various provisions

Workers ' liability for liability

-23. Replacement that an employer has had to enact as a result of an unsafe conduct of workers may only be charged to the extent to which it is justified in the case of the expulsion of the worker, the position and circumstances of the worker ; By the way

Paragraph 2. The replacement liability of the worker shall be reduced or lapsed if it is justified in the light of the provisions referred to in paragraph 1. 1 the circumstances and the conditions of the injured have been taken into account. The replacement may be paid by the employer by the employer to the extent that the employer shall, as the case may be, be paid by the employer to the extent that the employer shall be responsible for the employer. 1.

Paragraph 3. The provision in paragraph 1 shall be Paragraph 1 shall apply mutatis muthisis to the employer ' s claims against the worker for injury, by the way, the employer shall do so in the service.

Plain Imprint Rule

§ 24. Compensatory liability may be reduced or discharged when the responsibility is unduly weighted on the liability of the liable officer or, in exceptional circumstances, that makes it reasonable. The decision shall take into account the size of the damage, the characteristics of the employee, the damage caused by the injury, and the insurance and the circumstances of the injured, as well as the circumstances.

Paragraph 2. Under similar conditions, as specified in paragraph 1, 1 may be considered in whole or in part from the damage caused by injury to the injury. In the case of compensation for the loss of a provider, the same shall apply to the participation of the deceased.

Children's liability, etc.

§ 24 a. Child under the age of 15 shall be liable for harmful acts according to the same rules as persons over this age. However, the compensation may be reduced or even completely disposed of, provided that it is found to be cheap due to the lack of development of the child, the nature of the action and the circumstances, in particular the relation between the harmful organisms and the person who is to be found ; the ability of the injured to bear the loss and the prospect of the injury to be shown in others.

§ 24 b. A person who, as a result of the mental illness, inhibited psychological development, transient derangement or similar state, has lacked the ability to act sensitively, liable for harmful acts according to the same rules as soul untold. people. However, the compensation may be reduced or even completely disposed of as far as it can be found cheaply in the light of the person ' s state of mind, the nature of the action or the circumstances, in particular the relation between the harmful organisms and the person concerned ; the ability of the injured to bear the loss and the prospect of the injury to be shown in others.

Paragraph 2. If the harmful misuse of intoxication funds or otherwise bypassed in a state of mind, as mentioned above, has a relaxation in liability liability.

Multiple substitution managers

§ 25. The distribution of the burden of compensation between several jointly responsible financial compensation shall be carried out in accordance with the conditions laid down in the light of the nature of the goods and circumstances which may otherwise be regarded as reasonable.

Paragraph 2. If one or more of the liability responsible is covered by a liability insurance, section 19 (1) shall apply. One and two, and section 21. In the cases referred to in section 19 (1). 2, no. In the case of liability insurance, the distribution of the compensation burden can be taken into account in the mutual distribution of the damage-volts. Section 20 shall apply mutatis mutis.

Statement of note for tort

SECTION 26. The person responsible for a legal dispute violation of another's freedom, peace, honor or person, must pay the uncorrected credit for tort.

Paragraph 2. In determining the amount of compensation, the emphasis may be attached to the infringement of a crime which has carried out a breach of provisions of Chapter 23 or 24 of the penal code.

Paragraph 3. Although there is not a bit of tort, the person responsible for a legal dispute shall, however, pay the wronged payment, where the violation of the offence has been committed by a committed offence against someone else's person ; or freedom.

Paragraph 4. Section 18 (2). Paragraph 1 and 2 shall apply mutatis mumatis to the provisions of paragraph 1. 1-3 and on reimbursement after section 26 a

Allowance for survivors

§ 26 A. The person who intentionally or at serious negligence causes the death of another may be charged to pay a compensation to live survivors, who were particularly close to the deceased.

Paragraph 2. For the assessment of the payment of compensation in accordance with paragraph 1. In the case of fixing the amount of reimbursement, particular attention shall be paid to the nature of the injury action and to the affliction or violation which may be assumed to be infliced upon it or in the survivors.

Deviation of the law of the law

§ 27. Agreements on deviation of the rules in section 1 to 16, section 24, paragraph 1. 2, and sections 26 and 26 a that have been entered into before a damaged entry is invalid if the derogation is to be unfavorable for the beneficiary.

Paragraph 2. Agreements on the derogation from Section 17 (2). Paragraph 1, section 19, paragraph 1. One and three, section 20, section 22, paragraph 22. 2, section 23, section 24, section 1, section 24 a, section 24 b, paragraph 1, and § 25, which have been entered into before a damaged entry, is invalid if the derogation is to be unfavor; for the liable officer. However, the rule in Section 25 may be waive for damage caused by the exercise of public or business activities or undertakings which may be treated as such.

Chapter 4

Entry into force, etc.

§ 28. The law shall enter into force on 1. In October 1984 and shall apply to liability for damages that are subject to the entry into force of the law.

§ 29. The following provisions shall be repealed :

1) § 25, Act 25. 129 of 15. April 1930 on insurance contracts.

2) Paragraph 15 of the Act on the entry into force of the citizen of the Penal Code, cf. Law Order no. 277 of 30. June 1965.

3) Section 14, paragraph 14. THREE, TWO. pkt., in the archway, cf. law no. 215 of 31. May 1962.

4) Section 53 (3). THREE, TWO. pkt., in the seaman's slop, cf. law no. 420 of 13. June 1973.

5) § 67, 2. pkt., in the sea law, cf. Law Order no. 353 of 1. July 1974.

-$30. (Udelades)

§ 31. (Udelades)

§ 32. The law doesn't apply to the Faroe Islands and Greenland, but he knows how to nail. the device shall be implemented in force for these parts, with the deviations which are used by the special ferries and Greenland.


Law No 463 of 7. June 2001 2) includes the following entry into force :

§ 4

Paragraph 1. The law shall enter into force on 1. July 2002. Section 1 of the law. 15 3) , and § 2, no. 2-4, however, enter into force on 1. January 2002. At the entry into force of 1. July 2002 compensation and compensation amounts shall be adjusted in accordance with section 1, no. 11, per 1. January 2002 4) .

Paragraph 2. The Act of Section 1 and 2 shall apply to liability for damages for damages that are subject to the entry into force of the law.

Paragraph 3. (Udelades)

Paragraph 4. (Udelades)


Law No 35 of 21. January 2003 5) includes the following entry into force :

§ 3

The Act shall enter into force on the day following the announcement in the law. 6) and shall apply to liability for damages that are subject to the entry into force of the law.


Law No 1545 of 20. December 2006 7) includes the following entry into force :

§ 17

Paragraph 1. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2-4.

Strike two-four. (Udelades)


Law No 523 of 6. June 2007 8) includes the following entry into force :

§ 47

The law shall enter into force on 1. January 2008.

§ 48

Paragraph 1. The law shall also apply to previous stiquilations, which do not apply until the date of entry into force of the date of entry into force, according to the applicable rules. Deprecated, however, the earliest entry shall be the 1. In January 2011, unless the claim before this date would be obsolete as well as in accordance with the provisions in force in accordance with the provisions that apply to the entry into force of the law, cf. however, paragraph 1 7. In the latter case the date of entry shall be used at the most recent times.

Paragraph 2. Determination of obsolescence, which has taken place before the entry into force of the law, shall continue to have effect as disruption, even if it has not taken effect on the prescribed manner prescribed by the law.

Stk. 3-8. (Udelades)


Law No 610 of 14. June 2011 9) includes the following entry into force :

§ 3

Paragraph 1. The law shall enter into force on the day following the announcement in the law.

Paragraph 2. Cases of damage that have occurred before the entry into force of the law are treated according to the applicable rules.


Law No 1244 of 18. December 2012 10) includes the following entry into force :

§ 4

Paragraph 1. The law shall enter into force on 1. March, 2013.

Paragraph 2. The law applies to interest rates of money due to the 1. March 2013, or later.

Paragraph 3. (Udelades)

Ministry of Justice, the 21 st. March 2014

Karen Hood up.

/ Rnon-Louise Ørum Petersen

Official notes

1) Now, the law of work damage.

2) The law is related to § 1 a, section 2 (2). One, section 3, 4, section 5, paragraph 5. 1-2, section 6, section 7, paragraph 7. 3, section 8-11, section 13 (1). ONE, TWO. pkt., and paragraph. 2, section 14 a, section 15, section 1 and 3, the title of section 16, section 16, section 26 (4). 2 and 4, and section 27 (4). 2.

3) The law relates to section 26 (4). 2.

4) The compensated compensation and compensation amounts for damage that have occurred during the period 1. July 2002-31. In December 2002, the order of publication shall be published. 1055 of 14. In December 2001 on the regulation of compensation and reimbursement in accordance with the law of liability.

5) The law relates to section 18 (1). 2 and 4 (now is paragraph 1). (3), section 26 (4). 4, section 26 a and section 27 (s). 1.

6) The law has been announced in law-making on 22. January 2003.

7) The law relates to section 17 (4). ONE, THREE. Act.

8) The law applies to the title of section 16 and section 16 (4). 3.

9) The law relates to section 2 (2). ONE, TWO. pkt., section 2, paragraph 2. Article 10 (2) and section 10 (1). ONE, ONE. Act.

10) The law relates to section 16 (1). 2.