Recenzja dzieła Beaty Więzowskiej pt. Odpowiedzialność cywilna na zasadzie słuszności, wyd. Oficyna Wolters Kluwer, Warszawa 2009

Abstract

The monograph by B. Więzowska off ers an incisive analysis of philosophical, theoretical and practical aspects of civil liability based on equity (fairness). The fi rst part of the book is devoted to the philosophical and historical origins of the presence of equity, justice and fairness in law. The author accepts the Aristotelian approach to individual justice. In the next part she examines the meaning of the term ‘principles of social co-existence’ (principles of fariness/justice) and their role in the Polish legal system, with particular focus on the law of civil liability. The Polish approach is compared to the regulations in major continental jurisdictions and in common law. The second part of the thesis presents the elements and operation of the principle of fairness in three cases regulated by Polish law: public authorities’ liability for legal damage, liability of a minor (in the absence of the vicarious liability of supervisors) and the liability for animals. The analysis in each chapter starts with comparative remarks regarding the subject matter liability in major European jurisdictions (German, French, Swiss and English). The author provides many insightful and interesting observations. The last part of the book covers several particular issues, such as contributory negligence, prescription of claims and jurisdictional matters. The monograph is the first comprehensive analysis of the function of equity (fairness) in Polish tort law and it fi lls a gap in the Polish legal writing.