NIEKTÓRE ASPEKTY WINY W PRAWIE CYWILNYM
SOME ASPECTS OF GUILT IN THE CIVIL LAW

Summary/Abstract: For many years the problems of guilt in the civil law is an object of interest for the representatives of doctrine and practice. Despite the numerous enough literature, both national and foreign, it was not successful to reach full agreement in many detailed questions. The author presents the history of creation of the mentioned views in the Roman, French and German law. Analyzing the solutions applied in Polish legislation and literature, the author clearly differentiates the prerequisites of guilt from its elements. He considers illegality and accountability as the prerequisites of guilt. According to the author, the analysis of the elements of guilt, i.e. objective and subjective, may be commenced only after the ascertainment of the guilt prerequisites. The objective aspect covers the pattern of due diligence, whereas in respect of a subjective element, strictly subjective features of a perpetrator need to be taken into account.

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