论文部分内容阅读
文章认为惩罚性损害赔偿在美国侵权法中是最具争议性的问题之一,具有美国法的典型特征,一般不适用于大陆法系国家。德国对美国惩罚性损害赔偿判决承认与执行的立场,由完全否定到部分承认。近年来,德国法院甚至在某些侵权案件判决中,引入惩罚性损害赔偿元素,这一改变表明未来德国极有可能扩大对美国惩罚性损害赔偿判决的承认与执行。
The article holds that punitive damage compensation is one of the most controversial issues in the Tort Law of the United States. It has the typical characteristics of American law and generally does not apply to civil law countries. Germany’s position on the recognition and enforcement of the punitive damages award in the United States has changed from a complete rejection to a partial recognition. In recent years, the German courts have even introduced elements of punitive damages in some cases of infringement. This change shows that Germany is highly likely to expand its recognition and enforcement of the punitive damages judgment in the United States in the future.