Czy wystąpienie szkody jest konieczne do powstania roszczenia odszkodowawczego w ramach odpowiedzialności deliktowej?
Is the occurrence of damage necessary for a claim for damages to arise within tort liability?

Summary/Abstract: The article discusses the issue of damage as a fundamental prerequisite for tort liability. The author analyses whether it is possible for a claim for damages to arise in a situation in which no damage has been caused and thus, whether the occurrence of legally relevant damage is or is not always a necessary prerequisite for such a claim to arise. General considerations are made in the context of the regulation concerning the infringement of an author's economic rights, granting the right holder, whose economic rights have been infringed a claim for payment of lump-sum damages, the amount of which is calculated on the basis of the licence fee rather than the extent of the damage. This gives rise to doubts in the doctrine as to whether damage is a prerequisite for such a claim at all. The author concludes that from the existence of the few specific legal solutions which enable a claim for lump-sum compensation also in the absence of legally relevant damage (within the meaning of Article 361 § 2 of the Polish Civil Code), no conclusion may be drawn as to the general admissibility of making entitlement to damages independent of the occurrence of damage. In his research, the author primarily employed a formal-dogmatic approach and, to a lesser extent, a comparative approach.

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