Premises of Liability of a Person Who Assists in Causing Damage under Polish Civil Law


  • Rafal Adamus


tort; civil responsibility; helper to a tort; intentional fault


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.
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. The
work was prepared using a formal and dogmatic method. Under Polish tort law responsibility for
aiding and abetting a damage requires the helper’s intentional fault. The paper could be useful for
academics and researchers dealing with the comparative tort law. 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.