Przyczynienie się do powstania szkody w prawie cywilnym oraz jego aspekty prawnokarne

Abstract

The paper aims at description of the legal notion and consequences of contribution (przyczynienie się), a civil law institution similar but not equivalent to the common law defense of contributory negligence. In Polish law contribution can be applied not only in law of torts, but also in contract law. If a court fi nds that a claimant has contributed to the damage, claimant’s award should be reduced by the percentage of contribution made by him to the loss or damage suff ered. The paper approaches the controverce, whether to establishing contribution it is essential to prove solely the fact that the claimant’s behaviour contributed to the damage, or it is addition- ally necessary to prove that this behaviour was objectively improper, negligent or even intentional. In this regard the paper invokes and examines theses of the case law of the Polish Supreme Court. The paper also scrutinises possible consequences of the victim contribution in criminal law.