Glosa do uchwały Sądu Najwyższego z 11 września 2020 roku (III CZP 90/19). Deliktowa odpowiedzialność odszkodowawcza względem leasingobiorcy
Commentary to the Supreme Court resolution of September 11, 2020, file ref. no.III CZP 90/19. Tort liability for damages towards the lessee

Summary/Abstract: The commentary analyzes the Supreme Court’s arguments regarding the recognition of the lessee as an aggrieved party under the tortious liability regime. The author criticizes the argumentation of the Supreme Court, in particular the view that an entity entitled to possessing an asset under the law of obligatory nature may be regarded as an aggrieved party. He includes not only direct damages to the owner of the leased asset but also indirect damages such as expenses for renting a replacement vehicle or for repairs. He further assumes that making repairs to a leased asset is generally the respon- sibility of the lessee. In such a situation it becomes very difficult to indicate the legal provisions, which if violated by the perpetrator would justify the assumption of unlawfulness, necessary to assume his/ her guilt. The author proposes to evaluate the lessee’s claims against the tortfeasor within the frame- work of the negotiorum gestio construction, and the negotium suum et meum in particular.

• Details
• Contents