In its ruling of May 23, 2017, the BGH (case reference: VI ZR 261/16) decided that claims for monetary compensation for heirs due to a violation of personality rights do not pass to the heir. Not even if these claims were pending or became pending during the lifetime of the deceased. For the heirs concerned, this means a clear exclusion of the right to compensation.
Widow asserts claims for monetary compensation from her husband
The widow of the deceased soldier John Demjanjuk asserted her deceased husband’s monetary compensation claims in the proceedings. He fought for the Red Army in the Second World War before being taken prisoner of war by the Germans. In the 1970s, he was accused by the United States of having been involved in the mass murder of Jews in concentration camps as a collaborator of the National Socialists.
However, the corresponding criminal proceedings in Israel ended in an acquittal. Around 40 years later, he was tried again in Germany as part of “Operation Last Chance II”. The Munich II Regional Court sentenced him to five years’ imprisonment for 16 counts of aiding and abetting the murder of 28,060 Jews. Both parties lodged an appeal, but John Demjanjuk died in 2012 before the trial could be continued.
Before his death, John Demjanjuk spoke out against reporting that violated his personality
The trial was one of the last major Nazi war crimes trials and attracted widespread media attention. Unfortunately, defamatory portrayals often appeared in the reporting. As a result, even before his death, Demjanjuk turned against the defamatory headlines such as “In court, he plays the bedridden old man. Demjanjuk sings and laughs in prison.” However, as no final verdict was reached before his death, his widow continued the proceedings as a plaintiff to claim monetary compensation for her deceased husband.
No entitlement to monetary compensation for heirs
In its ruling, the BGH made it clear that the claim for monetary compensation due to a violation of personal rights cannot be inherited. Even if the deceased asserted the claim in court during his or her lifetime, it does not pass to the heirs. The BGH emphasized that inheritability is not given by the fact that a claim has already become pending. This means that even in comparable cases, heirs have no possibility of enforcing monetary compensation for heirs.
No exception due to forced commercialization of personal rights
The idea of prevention does not lead to a different decision in this case either. The BGH clarified that an exception to the principle of non-inheritability would only be possible in special cases of forced commercialization of the right of personality. However, this exception only applies if the reporter consciously accepts the early death of the injured party and the personal rights of the deceased are significantly impaired as a result. In the case of John Demjanjuk, this situation did not exist, as the delay in the proceedings was not caused by the rapporteur.
Legislator rejects inheritability of the claim
The BGH also states that the deletion of the former Section 847 (1) sentence 2 BGB does not indicate any intention on the part of the legislator to enable a claim for monetary compensation for heirs in the event of a violation of personality rights. It is clearly recognizable that the legislator expressly excluded the inheritability of such claims in order to prevent abuse and to preserve the uniqueness of the right of personality.
Preventive function and monetary compensation for heirs
In the case of a claim for monetary compensation due to a violation of personal rights, the primary focus is on the satisfaction function for the injured party, not on the aspect of prevention. However, a deceased person can no longer feel satisfaction, which is why there is no point in monetary compensation for heirs. This view of the BGH underlines the non-inheritability of the claim to monetary compensation and ensures that this claim remains a purely personal satisfaction for the injured party.
An exception could only apply if the claimant dies after the conclusion of the proceedings and after a legally binding decision. Only in this special case is the legally recognized claim to monetary compensation for heirs transferred.
