Premises of Liability of a Person Who
Assists in Causing Damage under Polish
Civil Law Cover Image

Premises of Liability of a Person Who Assists in Causing Damage under Polish Civil Law
Premises of Liability of a Person Who Assists in Causing Damage under Polish Civil Law

Author(s): Rafał Adamus
Subject(s): Civil Law
Published by: Editura Universitară Danubius
Keywords: tort; civil responsibility; helper to a tort; intentional fault;

Summary/Abstract: This study has been devoted to selected issues of assistance in causing damage and more specifically to the issue of the premises of liability for damages of a helper under Polish civil law. There is an important dispute in the Polish doctrine of law and in judicial practice as well, whether it is possible to accept liability for damages of the helper in the absence of his intentional fault. The work was prepared using a formal and dogmatic method. Under Polish tort law responsibility for aiding and abetting a damage requires the helper’s intentional fault. The paper could be useful for academics and researchers dealing with the comparative tort law. The study raises arguments for the thesis that the sine qua non premise of a helper’s civil responsibility is intentional fault. The study presents a critical analysis of the views of doctrine and case law.

  • Issue Year: 16/2020
  • Issue No: 1
  • Page Range: 68-78
  • Page Count: 11
  • Language: English
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