Damage to property

During the application I read two excellent monographs, Prof. A. Szpunar: “Compensation for material damage” (green cover) and “Atonement for non-material damage” (blue cover). I met Prof. Szpunar personally, listened to his lectures and passed the oral exam on securities. From all my studies, I regret the fact that I passed this exam for a 4+ rating. It is clear that I would never dare to question Prof. Szpunar’s Authority. However, I dare say that, in my humble opinion, the Green Monograph lacks three things that are most important for judicial practice:
(a) how in the REALM to determine the damage and distinguish theoretical (and erroneous) characters: damnum emergens and lucrum cessans
(b) how to determine compensation and
(c) how to establish a factual causal link.

Prof. Szpunar repeats repeatedly: “in order to determine the damage, one has to compare the condition that is, with, which would have been if the damage had not been caused. That’s clear. But how to determine the STATE THAT WOULD BE. For this question, there is not a single clue. And without that, we stand still. These three questions are proton, neutron and electron, from which the atom of liability for damage to property is built. I will return to these three issues with stubbornness worthy of a better cause.