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  1. 2 Kwartalnik Prawa Prywatnego

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  1. 2 Marczyk P.

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  1. 1 2023

  2. 1 2022

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Charakter prawny i przesłanki determinujące wysokość renty uregulowanej w art. 446 § 2 kodeksu cywilnego

100%
Marczyk P.
Kwartalnik Prawa Prywatnego
|
2023
|
vol. 32
|
issue 2
251-286
EN
As a result of the death suffered by a particular person as a consequence of a tortious act, the persons to whom the deceased provided means of subsistence may become indirectly injured. The claim to which the injured persons are entitled in such a situation is the pension regulated by Article 446 § 2 of the Civil Code. Despite its significant practical importance, the provisions on pension have not received wider attention from legal science. This state of affairs remains unsatisfactory, as Article 446 § 2 of the Civil Code raises numerous interpretative doubts in case law. For that reason, the analysis carried out in this article will focus on the most disputable (and at the same time the most significant from the practical point of view) issue related to pensions, i.e. their legal nature, and in particular the prerequisites resulting from that nature, which determine their amount. The author's concept for determining the amount of the annuity will also be formulated. The analysis will make use of a number of case-law rulings and the latest views of representatives of the doctrine of civil law.
2

Związek przyczynowy jako przesłanka odpowiedzialności odszkodowawczej władzy publicznej

100%
Marczyk P.
Kwartalnik Prawa Prywatnego
|
2022
|
vol. 31
|
issue 3
431-468
EN
In connection with the restrictions introduced to combat the Covid-19 pandemic, the issue of liability for damages of public authorities is extremely topical. The condition of causality in the case of liability for damages of public authorities has not yet been discussed in detail in the science of law. The article will present current views of the science of law expressed in relation to the condition of the causal link in the liability for damages of public authorities. Presentation of such an ouline will make it possible to identify the key problems and disputes. These include, in particular, 1) the issue of the legal character of the causal link in compensatory liability of public authority; 2) the issue of the so-called normative link; 3) the problem of the construction of the so-called concretizing factor. When analyzing the above issues, special emphasis will be put on the anchoring of the liability for damages of public authorities in the Fundamental Law. For this reason, a detailed presentation will be given of the views of the science of law and the jurisprudence of the Constitutional Tribunal expressed against the background of article 77 paragraph 1 of the Constitution of the Republic of Poland, which is the provision that constitutes the constitutional right to compensation
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