DiKE Genugtuungsrecht

Compensation for pain and suffering is the twin of damages and is intended to provide victims with satisfaction not only for the pain endured but also for all other forms of immaterial disadvantages. The core question in practice is how to convert the suffering, which cannot be quantified in hard currency, into an appropriate monetary amount. Articles 47 and 49 of the Swiss Code of Obligations regulate the entitlement and prerequisites for the claim for satisfaction and form the basis of the law on satisfaction in Switzerland. Based on this, a rich and complex case law has developed. Engaging with the jurisprudence is essential for determining the amount of satisfaction in individual cases. This work is the key to the theory and practice of Swiss satisfaction law: it offers a systematic presentation and access to an online database with around 2,600 records.