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No. 26-27 (1970)
Artykuły

Remarks on the injured party's fault

[Remarks on the injured party's fault]

  • Adam Szpunar

Published 2023-04-30

Keywords

  • guilt,
  • injured party,
  • civil law,
  • civil code,
  • compensation,
  • civil liability
    • ...More
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Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

Remarks on the injured party’s fault: [Remarks on the injured party’s fault]. (2023). Studia Prawnicze The Legal Studies, 26-27, 258-272. https://doi.org/10.37232/sp.1970.26-27.21

Abstract

With the entry into force of the 1964 Civil Code, doubts regarding the issue of the injured party's fault were not completely resolved. The fault of the injured party fulfils various functions in the Polish legal order. Among other things, it occurs as a circumstance exempting strict liability or may alter the extent of the perpetrator's liability, e.g. by reducing damages in accordance with the wording of Article 362 of the Civil Code. The author of this article attempts to characterise the concept of the injured party's fault in Polish civil law, drawing on the achievements of the doctrine in this area, the interpretation of the provisions of the Civil Code and the jurisprudence.