J. v. Staudingers Kommentar zum Bürgerlichen Gesetzbuch und dem Einführungsgesetze: Recht der Schuldverhältnisse

Report of the Royal Commission on National Health Insurance

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Multivolume work

Identifikator:: 1896405266

Document type:: Multivolume work

Title:: J. v. Staudingers Kommentar zum Bürgerlichen Gesetzbuch und dem Einführungsgesetze

Place of publication:: München [u.a.]

Publisher:: Schweitzer

Year of publication:: 1910-1911

Collection:: Economics Books

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Volume

Identifikator:: 1896406157

URN:: urn:nbn:de:zbw-retromon-242028

Document type:: Volume

Title:: Recht der Schuldverhältnisse

Volume count:: Bd. 2

Place of publication:: München [u.a.]

Publisher:: Schweitzer

Year of publication:: 1910

Scope:: S. 926 - 1811

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Vierzehnter Titel. Gesellschaft / Erläutert von Dr. Karl Kober

Collection:: Economics Books

120 MAJORITY REPORT. RA surpluses are larger and the additional benefits greater and more widely distributed than could have been anticipated : in addition the whole picture is drawn on a larger scale as the result of the increase in rates of contribution and benefit which were made after the War in view of the change in money values. What we are concerned with, however, in this connexion is the degree of divergence from the average that is shown by particular Societies, and this is quite unaffected by the circumstances mentioned. Indeed such changes as have come about since the scheme was originally framed have operated to reduce the relative inequalities. We refer in particular to the establishment of the Contingencies Fund and the Central Fund, the purpose of which was to protect the Societies in deficiency from suffering either reduction of benefits or increase of contributions. We have emphasised these considerations because the demand for some measure of pooling of surpluses is often founded—as we have shown, erroneously— upon the theory that experience has in this respect falsified the expectations entertained by the authors of the Scheme and held out by them to the public at its inception. Although, however, this theory is shown to be untenable there remains in our opinion matter for serious consideration in the large gulf which now divides the most prosperous from the least prosperous Societies as respects the standard of benefits which they are in a position to provide for their members. We have shown that on a cold analysis the inequalities that exist can be justified. But in this matter, if we may apply a much quoted judicial aphorism, it is not sufficient that justice should in fact be done; it is equally important that the public should realise that it is being done; and we are satisfied that on grounds of broad policy it is desirable that some concession should be made to the feeling, which we believe to be widely entertained, that in a universal compulsory scheme of insurance to which a substantial contribution is made from the general resources of the State some element of mutual aid should be included, by which the more fortunate sections of the insured community will be enabled to contribute out of their abundance towards the needs of those less happily placed. These considerations, taken by themselves, would incline us to view with favour the introduction of a measure of partial equalisation of benefits so limited in its operation as to preserve the incentives to sound and economical administration on which we have laid stress above, but at the same {ime going considerably beyond the restricted scheme of pooling which was introduced, so far as Societies actually in deficiency are concerned, by the establish- ment of the Central Fund; and we find that they are powerfully reinforced by the further consideration that such a measure would set free additional resources that could be applied in the pro- vision of extended benefits which are greatly needed and which, to be effective, should be provided for the whole insured com- munity. We accordingly adopt the principle that the surpluses

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