Legal opinion on the scope of liability of the Marshal of the Sejm for damages caused to third parties as a result of running and dissolution of (...) Cover Image

Opinia prawna w sprawie zakresu odpowiedzialności Marszałka Sejmu za szkody wyrządzone osobom trzecim przy prowadzeniu biura poselskiego na podstawie
Legal opinion on the scope of liability of the Marshal of the Sejm for damages caused to third parties as a result of running and dissolution of (...)

Author(s): Przemysław Sobolewski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; mandate; civil liability; Deputy;

Summary/Abstract: The author points out that the list of rights and duties ensuing from the functioning and dissolution of the Deputy’s office, transferred to the Marshal of the Sejm may include a duty to redress the damage, if that duty arises “in connection with” – and not only “as a side affect” of – the functioning of the Deputy’s office. According to the author, the provision of Article 23 para. 10a of the Act does not limit the amount of obligations of the deceased Deputy that are accepted by the Marshal of the Sejm. If the duty to redress the damage has arisen in the course of running the office after the death of the Deputy, the Marshal of the Sejm is liable for the entire damage including compensation for a real injury and for lost benefits. Nevertheless, the author points out that the damage caused by his action (e.g. causing a road accident) are not connected with the running of the Deputy’s office and, therefore, the Marshal of the Sejm is not liable for them.

  • Issue Year: 2013
  • Issue No: 4
  • Page Range: 226–229
  • Page Count: 4
  • Language: Polish