ODPOWIEDZIALNOŚĆ ODSZKODOWAWCZA PROWADZĄCYCH NA WŁASNY RACHUNEK PRZEDSIĘBIORSTWA LUB ZAKŁADY WYTWARZAJĄCE ŚRODKI WYBUCHOWE ALBO POSŁUGUJĄCE SIĘ TAKIMI ŚRODKAMI (ART. 435 § 2 K.C.)
LIABILITY OF ENTITIES OPERATING ON THEIR OWN ACCOUNT AN ENTERPRISE OR ESTABLISHMENT PRODUCING OR USING EXPLOSIVE MATERIALS (ARTICLE 435 § 2 OF THE CIVIL CODE)

Summary/Abstract: The subject matter in question had not been elaborated on in greater depth before, which was the reason for undertaking research on it. The aim of the article is to provide an in-depth interpretation of Article 435 § 2 of the Civil Code regulating the liability of entities operating on their own account an enterprise or establishment producing or using explosive materials. In particular, the issues of the entity responsible for the damage and the damaging event as well as the concept of explosives are analysed. The study uses the dogmatic and legal method. The legal text is interpreted mainly with reference to the derivational concept of interpretation. The considerations led to the following conclusions (among others): the entity responsible for the damage under Article 435 § 2 of the Civil Code is an entity operating on its own account an enterprise or establishment producing or using explosive materials, whereby ‘explosive materials’ shall be understood as chemical substances which, spontaneously or under the influence of a specific external influence, are capable of a violent chemical change of an exothermic nature, accompanied by the release of products in the form of an explosion, which can cause damage to the surrounding environment. Doubts as to whether a given entity is the addressee of the standard resulting from the interpreted provision should be resolved taking into account the degree of danger generated by it. This liability arises only if the damage is related to the producing or using explosive materials.

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