Nina Baranowska

Remedies in the case of death

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Article 446 of the Polish Civil Code (CC) provides for specific remedies in a situation where personal injuries lead to the death of a person. This provision does not apply in all cases of personal injuries, but only when death is a result of a bodily injury or a health disorder. The death can occur immediately, or as a result of further complications from the injury over time. Article 446 CC does not constitute a form of tort itself, but it provides specific remediesif all the prerequisites of a particular liability, specified in whichever provision is applicable in that case, are fulfilled. The scope of remedies available in the case of death is specified in separate sections of Article 446 and depends on the pecuniary (§ 1 – 3) or non-pecuniary (§ 4) status of the damage.

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Posted on 13/07/2016 by Nina Baranowska in Contract Law

Personal Injuries in Polish Private Law

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Depending on the object of infringement, Polish tort law distinguishes property damage and personal injuries. This distinction is of key importance in two aspects. Firstly, while the compensation of property damage can cover only pecuniary damage, the compensation of personal injuries can redress both pecuniary and non-pecuniary damage. Secondly, personal injury claims cannot be transferred (unless they are already due and payable and have been recognized in writing or awarded in a final and unappealable court decision).

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Posted on 13/06/2016 by Nina Baranowska in Contract Law, General Issues

Conference: 30 Years of European Product Liability Law

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The Conference will be held on 15th October 2015 at the Faculty of Law, Administration and Economics University of Wrocław). Its aim is to discuss whether regulation presently in force in European Union Member States concerning liability for loss caused by defective products, as implemented under Council Directive of 25 July 1985 (85/374/EEC) on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, remains, after thirty years, an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users.

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Posted on 25/08/2015 by Nina Baranowska in Consumer Law, General Issues