Bereicherungsausgleich und Lizenzanalogie bei Personlichkeitsrechtsverletzungen

The absence of effective civil law sanctions is still one of the key weak points regarding the protection of personality rights in Germany. Against this background, the author analyses to what extend claims based on unjust enrichment or compensation in form of license analogy might help closing existing gaps in protection. This is particularly true with respect to sensationalized editorial reporting which was exclusively subject of compensation for non-material damage by now. The author does not only evaluate the dogmatic requirements and differences between the claims based on unjust enrichment and compensation in form of license analogy. She also attends to the correlation between claims based on economic interests on the one hand and compensation for non-material damage on the other hand side. Beyond that, the publication includes a list of criteria as well as a casebook as basis for the assessment of claims based on unjust enrichment or compensation in form of license analogy.