- Tytuł:
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Wina anonimowa w obcych porządkach prawnych oraz europejskich propozycjach kodyfikacji prawa cywilnego
Faute anonymee in foreign legal systems and European civil law codification proposals - Autorzy:
- Nycz, Maciej
- Opis:
- Faute anonymee is a legal doctrine in Poland which is widely accepted as a mean of interpretation of prerequisite of fault in selected legal provisions of the Polish Civil Code of 1964. The essence of the doctrine is objectivization of civil liability by removal of the subjective aspect of fault. This doctrine is not unique - there are also other legal systems which use it to expound some legal provisions. The Polish legal system is in the vanguard of the world’s legal systems as regards the issue of the liability of the State Treasury. The regulation of the employer's liability and its interpretation is in conformity with most legal systems, but the regulation and its interpretation pertaining to exonerating circumstances is not uniform - in Poland as well as in the other countries. Apart from the other legal systems, there are European legal proposals concerning the civil liability - these are: the Principles of European Tort Law and the Draft Common Frames of Reference. The proposals should be taken into consideration because of their cognitive values. They reflect the state of the European legal doctrine and may show what the lawmakers should concentrate on.
- Dostawca treści:
- Repozytorium Uniwersytetu Jagiellońskiego
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