Wina jako zasada odpowiedzialności cywilnej oraz okoliczność zwalniająca z obowiązku naprawienia szkody
Fault as the principle of civil liability and as thecircumstance releasing from compensation duty

Summary/Abstract: The notion of fault is a key concept of the civil law. On one hand, it constitutes the old- est rule of civil liability which has played the key role on the ground of both torts and responsibility for non-fulfillment or improper fulfillment of a commitment. On the other hand, the fault is a general exculpatory circumstance which may be of special importance when responsibility of a particular subject has been announced on the basis of the pre- sumption of fault. Thirdly, the fault of particular persons belongs, apart from force majeure, to the basic exonerative circumstances. Showing the loss to have been caused due to the exclusive fault of the sufferer or the exclusive fault of a third party for whom no responsi- bility is borne, allows the doer to get free from the obligation to repair the damage, if his or her liability is risk-based. Then, the third party must cover the loss himself, without losing the status of sufferer. The above appraisal may have an indirect influence on insurance rela- tions. As far as TPL insurance is concerned, disengagement of the insured (or a third party) in respect of his or her commitments because of exclusive fault of the sufferer (or a third party) shall release his or her insurer from any liability since insurer's liability exists only in such a situation and to the extent to which the insured doer bears responsibility.The topic of the consideration is the notion of fault „in theory”, i.e. in the shape as fore- seen by legislator and then explained by the theory of law, and „in practice” where the analysis of jurisdiction of Polish courts shows a number of emerging doubts. A thorough analysis has been carried out in respect of subjective and objective premises of the fault, the notion of negligence, especially with regard to proper performance required from a profes- sional, and its qualified form, i.e. gross negligence. Then the issues have been discussed such as exclusive sufferer's fault and his or her contribution to the occurrence of loss or its size, in view of the latest jurisdiction of the Polish courts.

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