A COMPARATIVE ANALYSIS OF THE ISSUE OF NECESSARY DEFENSE IN TERMS OF TORT LAW
A COMPARATIVE ANALYSIS OF THE ISSUE OF NECESSARY DEFENSE IN TERMS OF TORT LAW

Summary/Abstract: This paper addresses a comparative analysis of the issue of necessary defense in terms of tort law. The concept of indispensable defense is most often associated with criminal law. However, it is not the only branch of law in which it occurs. It is also possible to find it on the grounds of the Civil Code. A necessary defense is one of the main counter-narratives which exclude the unlawfulness of an act. As a matter of fact, acting within the framework of necessary defense, we act according to the rules of law. Nevertheless, it is important to act only within the limits of such defense, because exceeding them excludes the unlawfulness of the act. The subject of this dissertation is to show, compare, and analyze legal regulations defining the right to indispensable defense in Poland and other contemporary countries.

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