The law on damages follows the principle of restitution in kind. According to this, the injuring party is in principle obliged to restore the previous condition. The purpose of this general principle is to place the injured party in the position he would be in if the damaging conduct had not occurred. If, for example, an object is damaged, the original condition must be restored by means of repair.
Only if restitution in kind is not possible, one is entitled to monetary compensation. Restitution in kind is impossible, for example, if the item has perished.
However, the injured party does not have the right to choose between restitution in kind and monetary compensation. In particular, restitution in kind takes precedence even if it is more expensive than monetary compensation. Only in the case of gross disproportionality can monetary compensation be paid (so-called total loss).
With regard to a total loss, however, there is a special regulation for animals. If an animal is injured, the injured party is entitled to the actual costs of treatment, even if they exceed the value of the animal. However, these costs must be those that a reasonable animal owner in the situation of the injured party would have incurred. In the case of animals, therefore, there is no such thing as a total loss.
In practice, a monetary payment is usually made to the injured party, thus reimbursing him or her for the costs of restitution in kind, since restitution is usually possible but cannot be carried out by the injuring party personally. For example, a car can be repaired in principle after an accident, but this requires a specialized car mechanic. In such cases, the monetary payment is also considered as restitution in kind.
