OBJECTIVE RESPONSIBILITY IN THE SPANISH CIVIL CODE (Odpowiedzialnosc obiektywna w hiszpanskim prawie cywilnym)

• Authors: Konert Anna
• Languages of publication: PL

Abstracts

EN

The aim of the article is to present characteristic features of strict liability as well as analyze individual cases of liability from the point of view of the Spanish civil code and find differences from the point of view of the Polish law. The comparative method used in the article shows that there are significant differences between the two legal systems, including both their subject and object. The conducted examination leads to three major conclusions. Firstly, a conclusion of a general character: it is difficult to explicitly specify one major and basic aim lying behind making liability objective in general. Secondly, after examining exoneration circumstances we make a conclusion that the Spanish legislator combines two institutions which are always separated in the Polish law (the contribution of the aggrieved party and a situation in which damage was caused by the aggrieved party). Thirdly, it must be stated that strict liability is never treated as absolute liability because there is always a possibility of exoneration.

Keywords

EN

SPANISH LAW; STRICT LIABILITY

• Publisher: Oficyna Wydawnicza Uczelni Łazarskiego
• Journal: Ius Novum
• Year: 2010
• Issue: 3
• Pages: 131-145
• Document type: ARTICLE

Contributors

author

Konert Anna

• Anna Konert, Ph.D., Deputy Dean for Science and International Co-operation, Lazarski University

Identifiers

CEJSH db identifier

10PLAAAA089515