Art. 433 k.c. a szkoda polegająca na zalaniu lokalu na niższej kondygnacji
Article 433 of the Civil Code vs. a loss which consists in flooding premises on a lower storey

Summary/Abstract: The aim of the study is to determine whether the risk-based liability provided for in the article mentioned in the title can be taken into account also in the case of flooding premises located on a lower storey. The issue will be soon decided by the Supreme Court in connection with a mo- tion submitted by the Insurance Ombudsman.According to generally applicable principles of law interpretation, it was necessary, in the first place, to analyse in detail the dictionary meaning of the word “flooding” used in Article 433 of the Civil Code, which is crucial for the problem in question. Then, in view of the unambiguous nature of the language interpretation, it was necessary to take a stance on the issue of admissibility of using other methods of interpretation. The study ends with an analysis of functional arguments which are used in the legal literature to support adoption of a broader scope of application of the article in question, as well as assessment of possible practical implications resulting from adop- tion of such an interpretation.

• Details
• Contents