ODPOWIEDZIALNOŚĆ KOMORNIKA SĄDOWEGO I SKARBU PAŃSTWA ZA SZKODĘ WYRZĄDZONĄ PRZY WYKONYWANIU CZYNNOŚCI PRZEZ KOMORNIKA
LIABILITY OF A COURT ENFORCEMENT OFFICER AND THE STATE TREASURY FOR DAMAGES MADE WHILE THE COURT ENFORCEMENT OFFICER PERFORMS ACTIVITIES

Summary/Abstract: The purpose of this article is to clarify doubts arising from the liability of the judicial officerand the State Treasury for damages pursuant to Art. 36 of Law on Judicial Officers, taking intoaccount the constitutional model of liability for damage caused by unlawful action of a publicauthority, as well as civil law regulations regarding the general rules of damage compensation.The considerations contained in the article boil down to, among others, the following conclu-sions: (i) Art. 36 l.j.o. is an independent basis for tort liability of a judicial officer, based on thepremise of unlawfulness of the bailiff’s behavior, regardless of whether he is at fault in thisregard; (ii) damage subject to compensation under Art. 36 of the l.j.p., covers any damage tothe legally protected goods of a given entity, and therefore both material damage and non--pecuniary damage (compensation for the harm suffered); (iii) on the basis of the discussedliability, a narrow approach to unlawfulness should be adopted, referring to the constitutionalapproach to the sources of law (Articles 87-94 of the Constitution).

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