creditor an extra person from whom to seek performance if the debtor defaults. In a different way, the rules on prescription can be seen as promoting security by preventing disturbance of the status quo by the making of stale claims. This example shows that even in the area covered by the PECL the underlying principle of security is not confined to contractual security for the creditor. Security is also important for the debtor.

Non-contractual obligations

30.Security a core aim and value in the law on non-contractual obligations. The protection and promotion of security is a core aim and value in the law on non-contractual obligations. These branches of the law can be regarded as supplementing contract law. Under contract law parties typically acquire assets. The protection of assets once acquired and the protection from infringement of innate rights of personality is not something which contract law is able to provide. That is the task of the law on non-contractual liability for damage (Book VI). A person who has parted with something without a legal basis, e. g. because the contract which prompted the performance is void, must be able to recover it. That is provided for in the law on unjustified enrichment (Book VII). In cases in which one party would have wanted action to be taken, in particular where help is rendered, but due to the pressure of circumstances or in a case of emergency it is not possible to obtain that party’s consent, the situation has a resemblance to contract. But the security which would normally be provided for both parties by the conclusion of a contract for necessary services has to be provided by the rules on benevolent intervention in another’s affairs (Book V).

31.Protection of the status quo: non-contractual liability arising out of damage caused to another. The notion of contract would be meaningless if it were not flanked by a notion of compensation for loss involuntarily sustained. Contracts are aimed at a voluntary change in relationships. That presupposes, however, a regime for the protection of the status quo against involuntary changes. The law on noncontractual liability for damage caused to another is thus directed at

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reinstating the person suffering such damage in the position that person would have been in had the damage not occurred.51 It does not seek to punish anybody, neither does it aspire to enrich the injured party. Nor does it aim at a social redistribution of wealth or at integrating an individual in a community founded on the principle of social solidarity. Rather it is aimed at protection.

32.Protection of the person. A particular concern of non-contrac- tual liability law is the protection of the person. The individual stands at the focus of the legal system. A person’s rights to physical wellbeing (health, physical integrity, freedom) are of fundamental importance, as are other personality rights, in particular that of dignity and with it protection against discrimination and exposure. Injuries to the person give rise to non-economic loss besides economic loss; the former also deserves compensation.

33.Protection of human rights. The non-contractual liability law of the DCFR has the function primarily (albeit not exclusively) of providing “horizontal” protection of human rights – that is to say, a protection not vis-à-vis the state, but in relation to fellow citizens and others subject to private law. This protection is provided in the first instance by the claim to reparation for loss suffered, but is not confined to that. Prevention of damage is better than making good the damage; hence Book VI confers on a person who would suffer it a right to prevent an impending damage.52

34.Protection of other rights and interests. Book VI contains specific provisions on various kinds of legally relevant damage (including loss upon infringement of property or lawful possession) which may give rise to liability. However, it is not confined to providing security in such listed cases. Loss or injury can, subject to certain controlling provisions, also be legally relevant damage for the purposes of Book VI if it results from a violation of a right otherwise conferred by the law or of an interest worthy of legal protection.53

51VI. – 6:101(1).

52VI. – 1:102.

53VI. – 2:101.

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