Koncepcja ogólnej bezprawności czynu w kontekście okoliczności wyłączających odpowiedzialność cywilną
The concept of circumstances precluding unlawfulness of an act in the context of circumstances excluding civil liability

Author(s): Małgorzata Biszczanik
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: unlawfulness; circumstances excluding unlawfulness; theory of conjugated norms; concept of circumstances precluding unlawfulness of an act; civil liability
Summary/Abstract: This article addresses the issue of the obligatory consideration of a uniformly definedunlawfulness in all branches of law, and indicates the need to assess the circumstances excluding unlawfulness from the perspective of the entire legal order. First, the understanding of unlawfulness as an element of an unlawful act is indicated, pointing to the broader need to understand this concept. This is followed by a consideration of the need to consider the theory of conjugated norms in terms of the correct analysis of unlawfulness, with a view to demonstrating the need for a pluralistic view of unlawfulness as a cause of the circumstances excluding civil liability. The above is intended to show that taking into account the concept of circumstances precluding unlawfulness of an act will also allow civil acts to be protected under the criminal counter-narratives.

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