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Nadzór autorski w prawie budowlanym

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Jaworski B.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2015
|
vol. 18
73-92
EN
Author’s supervision is an institution causing much controversy and many questions as to the manner and extent of supervision of concluding contracts, interpretation of the obligations which are incumbent on the designer and it is justified to make an attempt at its characterization on the basis of current law and issued jurisprudence. Its understanding is all the more difficult because it combines two areas of law — administrative law and civil law. Adesigner conducting author’s supervision is an independent technical function in construction and has in this respect certain rights as well as statutory obligations. Because of this, he/she is subject to both civil liability, which manifests itself in liability for failing to execute or insufficient execution of the author’s supervision agreement, as well as, perhaps more importantly, professional liability in construction, in case of evading conducting the supervision or negligence in performing duties. The very notion of “designer” has its legal implications, which are presented in the article. Therefore, the author’s supervision is avery interesting matter from alegal point of view, whose proper understanding is necessary in order to avoid being exposed to negative consequences that may arise from alack of or improper supervision in the course of investment.
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