Responsibility for damages with geological works that do not require a concession Cover Image

Odpowiedzialność za szkody wyrządzone robotami geologicznymi niewymagającymi koncesji
Responsibility for damages with geological works that do not require a concession

Author(s): Sebastian Wójcik-Jackowski
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: geological works; the concept of damage; mining plant and its movement; geological work plan; interpretation of law

Summary/Abstract: The text contains considerations regarding liability for damage caused by geological works that do not require concessions. The author shows the problems associated with its bearing on the basis of Geological and Mining Law, occurring due to the fact that in the case of such works, the set of facilities does not always have the status of a mining plant, and the actions taken are not understood as its movement conducted by the entrepreneur. In particular, the procedure used by the legislator raises objections in the form of introducing a series of referrals. They are intended to allow for wider application of the rules regarding damage caused by mining plant operations, which, however, was not carried out in a clear manner. The doubts of linguistic nature appearing at the same time, lead to the use of systematic and historical interpretation in order to eliminate them.

  • Issue Year: 2018
  • Issue No: 1–2
  • Page Range: 113-124
  • Page Count: 12
  • Language: Polish