Years ago, Jerzy Starościak, a professor of administrative law, opened one of his books with the statement: “thick books on narrow issues are gone.” This was not true then, and is still not true today. Thick, analytical books will always be needed; enabling lawyers to develop their skills. Nonetheless, it is true that “thick books” have lost their monopoly in the legal discourse, as the discourse itself and its participants have changed.
Article 433 of the Polish Civil Code embraces the classical construction of liability for damages caused by objects or liquids falling out from a room. Following the classical pattern of the Roman actio de effusis vel deiectis, the Code tightens considerably the liability in comparison to Article 415 CC, setting out a general obligation to compensate for damage caused by an unlawful deed, as long as the culprit remains in the wrong. The peculiar tort in question, on the other hand, awards the right to claim compensation from every person who occupies the room, regardless of their fault (which clearly rates this provision in the Polish doctrine under what is known as “liability upon the risk basis”). Among the relieving circumstances, the statute rates only force majeure, the exclusive fault of the victim or a third party for whose deeds the resident does not bear liability. Read more
We hope that our internet site – on private law in Poland – is the start of something big ahead. So why now, why about civil law, and why in English?
The contemporary legal discourse does not need only “thick books”, but requires also more flexible ways of informing about legal concerns – like blogs and internet websites. They alter the paradigm of exchanging legal information, departing from the traditional, solely analytic discourse, into more diverse ways, responding to newly-arising needs. Read more
