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No. 26-27 (1970)
Artykuły

Gradation of fault and the obligation to repair damage in the light of the Civil Code provisions

[Gradation of fault and the obligation to repair damage in the light of the Civil Code provisions]

  • Witold Warkałło

Published 2023-04-30

Keywords

  • civil law,
  • criminal law,
  • fault,
  • willful misconduct,
  • negligence,
  • 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

Gradation of fault and the obligation to repair damage in the light of the Civil Code provisions: [Gradation of fault and the obligation to repair damage in the light of the Civil Code provisions]. (2023). Studia Prawnicze The Legal Studies, 26-27, 292-309. https://doi.org/10.37232/sp.1970.26-27.24

Abstract

One of the prerequisites by means of which the severity of the compensation sanction can be modified is the determination of the degree of fault, which is relevant not only from the point of view of criminal law but also civil law. The author of the article presents the issue of the gradation of fault and its relation to the socio-economic functions of civil liability, and points out the particular importance of the gradation of fault for the repressive function of civil liability. He characterises three typical degrees of guilt and its possible further gradation. The discussion is enriched by the issue of the unity of the concept of fault in civil as well as criminal law. Furthermore, he describes the concepts of intentional fault, gross negligence and negligence.