Draft Bill on Civil Liability Law – text

Title I Basic rules Article 1:101 Basic norm One who in a legally attributable way injures the legally protected interests of another is bound to compensate the injured for the loss resulting therefrom. Article 1:102 Legally protected interests of a human being (1) Legally protected interests are, in particular, the life, bodily and health integrity, as well as the free movement of a human being. In respect of the compensation of fatal injuries, special rules apply (Arts. 6:201/202). (2) The legally protected interests of an individual person also include intangible legal interests such as dignity, self-determination, privacy, as well as the ‘right’ to personal identity, to one's own image, name, voice and personal data. (3) The protection of personality interests, according to paragraph 2, also extends to groups of individuals and to legal persons of private and public law, to the extent that they are applicable to these legal addressees. Article 1:103 Other legally protected interests (1) Legally protected interests further include property rights on movable and immovable things, as well as on intangible objects, especially ownership and intellectual property. Lawful possession of things is also protected. Animals are treated as corporeal objects for the purposes of liability law. (2) Property itself is treated as a protected interest in legally recognised cases within the meaning of this Article. It is generally protected against intentional damage (Art. 2:201). Moreover, instances of property protection admitted by statute (Art. 3:207) or by case law are deemed to be legally recognised.