Premises of Liability of a Person who Assists in Causing Damage under Polish Civil Law

• Author: Rafal Adamus
• Position: University of Opole, Poland
• Pages: 68-78

ACTA UNIVERSITATIS DANUBIUS Vol. 16, no. 1/2020

68

Rafal Adamus1

Abstract: This study has been devoted to selected issues of assistance in causing damage and more

specifically to the issue of the premises of liability for damages of a helper under Polish civil law.

There is an important dispute in the Polish doctrine of law and in judicial practice as well, whether it

is possible to accept liability for damages of the helper in the absence of his intentional fault. The

work was prepared using a formal and dogmatic method. Under Polish tort law responsibility for

aiding and abetting a damage requires the helper’s intentional fault. The paper could be useful for

academics and researchers dealing with the comparative tort law. The study raises arguments for the

thesis that the sine qua non premise of a helper’s civil responsibility is intentional fault. The study

presents a critical analysis of the views of doctrine and case law.

Keywords: tort; civil responsibility; helper to a tort; intentional fault

Preface

Article 415 of the Polish C ivil Code (1964) stipulates that whoever through his

fault caused damage to another person is obliged to repair it. And Article 422 of the

Civil Code clarifies that not only the one who caused damage (perpetrator) is

liable, but also the one who convinced another person t o cause damage (instigator)

or was helpful to it (helper, assistant), as well as the one who knowingly benefited

from the damage caused t o the other (passer). If several persons are liable for

damage caused b y a tort, their liability is joint and several (Article 441 § 1 of the

Civil Code).

Polish t ort law including Articles 415, 422 of the Civil Code (1964) is a part of

civil law. De lege lata in Poland a pplies the pr inciple of unity of civil law. The

principle of unity of civil law means that regulations governing professional trade

1 University of Opole, Poland, Address: 45-040 Opole, pl. Kopernika 11a NIP: 754-000-71-79 Regon:

000001382, Poland, Corresponding author: radamus@uni.opole.pl.

AUDJ, Vol. 16, No. 1/2020, pp. 68-78

Premises of Liability of a Person Who

Assists in Causing Damage under Polish

Civil Law