Acta Universitatis Danubius. Juridica, Vol 16, No 1 (2020)

Abstract

Objectives:

This study has been devoted to selected issues of assistance  in causing damage and more specifically to the issue of the premises of liability for damages of a helper under Polish civil law.

Prior dispute:

There is an important dispute in the Polish doctrine of law and in judicial practice as well, whether it is possible to accept liability for damages of the helper in the absence of his intentional fault.

Approach:

The work was prepared using a formal and dogmatic method.

Results:

Under Polish tort law responsibility for aiding and abetting a damage requires the helper's intentional fault.

Implication:

The paper could be useful for academics and researchers dealing with the comparative tort law.

Value:

The study raises arguments for the thesis that the sine qua non premise of a helper's civil responsibility is intentional fault. The study presents a critical analysis of the views of doctrine and case law.