The immaterial damage is the contrast to the financial damage. In principle immaterial damage is sparable only to the extent of the legal regulations.
Most important application is the smart money, which is possible as requirement with the injury of maximumpersonal right goods such as lives, bodies, health or sexual self-determination. Immaterial damage is sparable both with the contract, with the indebtedness as well as during the absolute liability.
Of the supreme court also a requirement on smart money is accepted by the iurisdiction by injury of the general personality right.
In the German right the immaterial damage becomes sparable after "ยง 253 BGB.
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