Umowy w przedsięwzięciach kosmicznych — rozważania o istocie, treści i odpowiedzialności za szkodę
Space contracts — considerations about the essence, content and responsibility for damage

Summary/Abstract: The aim of this study is to analyze the legal nature of contracts and the principles of contractual liability in space projects, based on the provisions of the international law, leading regulations of national laws, as well as the contractual practice. The immanent feature of space projects is their international character, which leads to the contracts concluded between contractors based in countries of a varied regime and legal culture. This in turn affects the nature and content of the contracts, and in particular the regulation of liability for damage resulting from its non‑performance or improper performance. The relevance of the liability provisions in space contracts is proportionate to the level of risk associated with outer space exploration. Despite technical progress, it remains at a very high level, making space activity one of the most dangerous types of business ventures (the so‑called ultrahazardous activity). The risk related to space exploration also raises many questions about the way of bearing responsibility not only between the parties to the space contracts, but also between the launching state and the domestic entity running space activity, from which the damage may result. One of the main issues analyzed in this paper is the contractual practice of introducing the provisions limiting liability for damage. The conclusions from such an analysis can be used as a motion de lege ferenda for the outer space law provisions being in the drafting stage in Poland.

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