LIABILITY FOR DAMAGE DONE BY PUBLIC AUTHORITY IN PRESENT DRAFT AMENDMENT OF POLISH CIVIL CODE

The Polish parliamentary committees have completed work on the draft regulation concerning the liability of the State Treasury, local government and other legal persons for damage done during the execution of public power. These regulations are due to replace currently binding art. 417-421 of the Polish Civil Code. Under art. 77 section 1 of the Constitution of the Republic of Poland this liability has been tightened, for they no longer are based on the principle of guilt. The above mentioned legal entities take liability on the principle of risk, as they are liable only for unlawful action or failure to act during the execution of public authority. This liability encompasses also damage done as a result of unlawful normative or individual acts and unlawful failure to issue such acts