Opinia prawna dotycząca odpowiedzialności podmiotów prowadzących zajęcia pozaszkolne za bezpieczeństwo dzieci
Legal opinion on responsibility for safety of children of bodies running non-school education activities
Author(s): Joanna M. KarolczakSubject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: education; school; accident; civil liability; supervision
Summary/Abstract: The author denotes that educational activities,carried out on the basis of the Act of the system of education, is subject to a supervisionof a curator. Responsibility of a body running a school for a damage done becauseof unlawful actions of educational staff during a time of performing their duties is notrelated with a fault. Educational activity, not including running a school, an educationalpost, a complex or other form of pre-school education, can be conducted in accordancewith rules stipulated in the act on freedom of establishment, as an economicactivity. In such cases provisions from the Act on System of Education do not findapplication. Business entities conducting classes with children are not absolved fromresponsibility for children during such events. Such responsibility is formed on basicrules, interpreted from civil law and a contract between the entity and a child’s parents.A responsibility described in provisions of penal law is also possible in case of certaincircumstances justifying it.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 2016
- Issue No: 4
- Page Range: 181-188
- Page Count: 8
- Language: Polish