Natura prawna zobowiązania lekarza weterynarii do dokonania badań i wydania orzeczenia o stanie zdrowia zwierzęcia w prawie niemieckim i polskim
Legal Nature of the Veterinary Surgeon’s Obligation to Conduct Tests and Issue a Report on Animal Health (German and Polish Law)
Author(s): Andrzej DzikowskiSubject(s): Civil Law, Health and medicine and law, Comparative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: civil law; veterinary medicine; warranty; obligation;
Summary/Abstract: The professional practice of a veterinary surgeon covers various areas of interest, one of which is issuing decisions (medical reports) on animal health based on performed tests and examinations. Elements of the veterinarian’s obligation are complex and multifaceted. The study aims to define the nature of this obligation unambiguously. There are three possible ways of classification: as an obligation to act diligently, as an obligation of result, and as a mixed obligation. Adoption of each of these models implies different liability regimes for a potential breach of contract. According to the author’s opinion, it is correct to define the obligation in question as a mixed one. Only the third of the analyzed models take into account the complexity of the research subject and allows for a broad scope of responsibility.
Journal: Studia Prawnoustrojowe
- Issue Year: 2021
- Issue No: 53
- Page Range: 103-122
- Page Count: 20
- Language: Polish