Zasada odpowiedzialności władzy publicznej na podstawie art. 417 k.c.
Principle of accountability of public authorities for damage resulting from their illegal actions or forbearance

Summary/Abstract: The scope of the article is the issue of assigning the principle of accountability of public authorities for damage resulting from their illegal actions or forbearance. Analysis of accountability of the State Treasury, local government units and other legal parties exercising this authority under the law was carried out from a historical perspective. Entry into force of the Constitution of Poland in 1997 required a consideration of the relationship between Article 417 of the Civil Code and Article 77 paragraph 1 of the Constitution. However, most attention in the work was paid to to the current legal position. Article 417 of the Civil Code amended in 2004, similarly to the constitutional provision, uses the notion of illegality. In the case law and doctrine there is a duality of perception of this term, hence the need for its broader presentation. The work is concluded with an attempt to advocate adoption of one relevant principle of accountability. Further, the inexpediency of highlighting the principle of unlawfulness was presented.

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