Object's details: Deliberations on the punitive and preventive elements of the liability for damages in light of the rulings of the Supreme Court and the Constitutional Tribunal

Provider:Platforma Otwartych Czasopism Naukowych UAM

Description

Title:
Deliberations on the punitive and preventive elements of the liability for damages in light of the rulings of the Supreme Court and the Constitutional Tribunal
Creator:
Kochanowski, Maciej
Description:
The verdict of the Supreme Court of 11 October 2013 (fi le I CSK 697/12) and the decision of the Constitutional Tribunal of 25 June 2015 (fi le SK 32/14) are discussed and their signifi cance for the understanding of punitive damages analysed. The main problem discussed in this paper is the question whether there is room under Polish law for punitive damages modelled a common law system and whether the adoption of this solution could possibly infl uence the basic premises constituting the liability for damages already adopted. The main focus has been put on the argumentation of the Supreme Court presented in its verdict regarding the possibility of enforcing by Polish courts a judgment in which a foreign court awarded punitive damages, and the arguments of the Constitutional Tribunal regarding the constitutionality of a legal provision establishing a possibility of fl at-rate damages, being awarded and increased in the event of the determination of guilt by the breaching party. Certain detailed provisions that are contradictory from the point of view of the fundamental assumptions underlying the liability for damages in Polish law and the laws of most European legal systems (and the German system in particular) are also examined. Further, a synthetic analysis of the positive and negative aspects of punitive damages identifi ed by other researchers is presented. This is followed by a mention of other institutions available under Polish law which may constitute an alternative to punitive damages, at least when it comes to the provision of an adequate preventive and punitive measure in the event of gross or culpable damage.
Object availability:
free access
Rights: https://creativecommons.org/licenses/by-nc-nd/4.0 ;
Prawa autorskie (c) 2019 Maciej Kochanowski
Date:
2019.12.04
Type:
info:eu-repo/semantics/article;
info:eu-repo/semantics/publishedVersion;
Artykuł naukow;
Artykuł naukowy
Language:
Polish
Source:
Studia Prawa Publicznego; No. 1(17) (2017); 83-100;
Studia Prawa Publicznego; Nr 1(17) (2017); 83-100;
2720-2445;
2300-3936
Format:
application/pdf
Publisher:
Adam Mickiewicz University Poznan
Relation: http://pressto.amu.edu.pl/index.php/spp/article/view/12398/12248
Subject:
the law of obligations;
liability for damages;
punitive damages;
the compensatory function of damages
Identifier: http://pressto.amu.edu.pl/index.php/spp/article/view/12398
Data provider:
Platforma Otwartych Czasopism Naukowych UAM

Similar objects

Deliberations on the punitive and preventive elements of the liability for damages in light of the rulings of the Supreme Court and the Constitutional Tribunal

Creator:Kochanowski, Maciej

Date:2019.12.04

Type:text

The punitive damage predicated pursuant to Art. 46 § 2 of the Criminal Code in the light of the Act of 20 February 2015 amending the Criminal Code Act and some other acts. Selected issues

Creator:Filek, Bartłomiej

Date:2016.03.15

Type:other

Legal consequences of not ensuring proper working conditions to perform scientific work by the employer

Creator:Bakalarz, Tomasz

Date:2013.01.01

Type:text

Lost Profit under the United Nations Convention on Contracts for the International Sale of Goods (CISG)

Creator:Kochanowski, Maciej

Date:2021.06.19

Type:text

A few words on the modification of the ruling in the part concerning compensatory damages

Creator:Bróżek, Patrycja

Date:2022.12.29

Type:text

Medical errors and their consequences for human life and health

Creator:Sadowska, Monika

Date:2019.05.15

Type:text

Classification and the issue of ownership of animals as well as their legal status according to liability for damage caused by them

Creator:Piernik-Wierzbowska, Kamila

Date:2015.10.01

Type:text

Legal instruments of waste management regulation

Creator:Korzeniowski, Piotr

Date:2014.08.04

Type:text

Federacja Bibliotek Cyfrowych

Object's details: Deliberations on the punitive and preventive elements of the liability for damages in light of the rulings of the Supreme Court and the Constitutional Tribunal

Description

Similar objects