Introduction

Bérier, Franciszek Longchamps de; Domingo, Rafael

doi:10.4324/9781003181255-1

Cited by 2 publications

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“…Till's disciple, the chief referent of the Code of Obligations, Roman Longchamps de Berier, in his rationale of the Code of Obligations, linked the binding force of a contract to a reference to social reality. 30 1919-1939, Kolonia Limited, Wrocław, 2000 See: Redzik, A., Roman Longchamps de Bérier (1883Bérier ( -1941, in: Longchamps de Bérier, F.; Domingo, R., (eds.) Law and Christianity in Poland.…”

Section: Legally Binding Relationship and Extra-legal Prerequisites O...mentioning

confidence: 99%

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2023

ZPFZ

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Izvorni znanstveni rad Primljeno: ožujak 2023.In Western legal tradition jurisdictions, the transition from the Roman idea of obligatio to the doctrine of the legally binding relationship was not a universal process. Anglo-Saxon lawyers discuss contract and tort theories separately. Different doctrines have emerged from the development of the theory of the legally binding relationship in the Civil Law Tradition. This article shows how this process has played out in the Polish legal discussion. The specific premises of the Polish legal experience were that applied Roman law had little influence in Poland until the end of the 18th century, Austrian law served as the foundation for the development of the Polish doctrine of the legally binding relationship, the Polish Code of Obligations of 1933 replaced French, Austrian, German and Russian law on Polish territories, and the development of the Polish theory of private law after WWII was influenced by the dominance of Marxist theory. Consequently, the Polish legal experience provides a particular perspective on the premises supporting or blocking the relationship between the doctrine of legally binding relationships and social reality.

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Section: Legally Binding Relationship and Extra-legal Prerequisites O...mentioning

confidence: 99%

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2023

ZPFZ

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“…In most European legal systems, because of the broad scope of protection of criminal law, it is difficult to present a case of immoral or careless behaviour that would not also constitute a felony or a misdemeanour. 99 Therefore, in the literature of many European countries, there is a prevailing opinion that duties to act can derive from the provisions of criminal law (criminal offences), meaning that their non-observance creates wrongfulness in tort law. 100 Therefore, in order to attribute liability in tort law to a person acting against the norms of criminal law, it may be sufficient to assume that the wrongfulness of conduct in criminal law should generally also determine its wrongfulness in tort law 101 (based on the assumption that the prohibition of a certain conduct in criminal law protects the legal interest concerned and not only the public order 102 ).…”

Section: B the Role Of Criminal Law Norms In The Law Of Tortsmentioning

confidence: 99%

Tort liability for a failure to render assistance in a comparative perspective

Borysiak

2022

Maastricht Journal of European and Comparative Law

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The article looks at the problem of tort liability for a failure to render assistance and compares the legal approaches to this issue. There are no European legal systems that regulate such a duty to render assistance directly in the provisions of private law. This is generally because most of them (with the exception of common law countries) have criminal law provisions that penalize a failure to rescue another person in need of assistance. This raises the question of the impact of criminal law on liability in private law. The paper discusses this issue in detail, accepting the opinion that, in those legal systems where a failure to render assistance is punishable as a criminal offence, the provisions of criminal law should determine the conditions and prerequisites for rendering assistance in private law and establish the boundaries of liability in tort law. In addition, the article aims to present universal guidelines that might be useful for courts in order to establish tort liability in other cases of a failure to render assistance.

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Introduction

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Tort liability for a failure to render assistance in a comparative perspective

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