Odpowiedzialność za zgodne z prawem wykonywanie władzy publicznej na zasadzie słuszności
Ładowanie...
Data wydania
2009
Autorzy
Tytuł czasopisma
ISSN
1689-8052
eISSN
Tytuł tomu
ISBN
eISBN
Wydawca
Oficyna Wydawnicza AFM
Abstrakt
The concept of liability of public authority based on the principle of equity
was introduced into the Polish law under the article 5 of the Act of
15 November 1956, “On the Liability of the State for Damage Caused by
State Agents” . The regulation of article 5 of the Act was transposed into
the Civil Code of 1964 without major modifications. It covered liability
of the state and local self-government units for damage inflicted by
a tort of a functionary (article 419 of the Civil Code). By the amendment
to the Civil Code of 2004, article 419 of the Civil Code was abolished
and the new article 4172 of the Civil Code, which provides liability for
lawful exercise of public authority based on considerations of equity,
was introduced. Article 4172 of the Civil Code provides that if by lawful
exercise of public authority an injury to the person was caused, the injured person is entitled to obtain a full or partial compensation as well
as monetary compensation for moral losses, when it is evident from the
circumstances of the case, especially from victim’s incapacity to work
or his/her poor financial situation that compensation is required by the
considerations of equity.
The amendment to the Civil Code of 2004 has brought about essential
changes in the regime of state liability. Under the present law, the decisive
factor of liability is the character of the conduct that results in the
damage. The domain of special state liability is limited to torts committed
in the exercise of public powers. For its private economic activities
the state is liable according to the general rules of civil law. This change
- in comparison to the former regulations of liability of public authority
based on principle of equity - is unfavourable for the injured party,
especially as regards damage sustained in medical practice, as medical
care of patients, in general, is not considered to belong to the sphere of
public administration.
Opis
Tematy
Słowa kluczowe
Źródło
Studia Prawnicze. Rozprawy i materiały 2009, nr 1, s. 39-56.