Liability for Failure to Ensure Security in Civil Law

Pursuant to Article 5 of the Constitution of the Republic of Poland, the Polish State is obliged, among other things, to safeguard security for its citizens. Therefore, the public authorities are required to undertake actions aimed at keeping the state of non-threat, allowing the citizens to pursue their interests. A question arises about the effect of failure to perform these obligations. This paper seeks to assess the effect of failure to safeguard security in the civil-law sphere. In particular, the paper discusses the concept of security, delineates the circle of entities burdened with security obligations and indicates the legal regime and conditions for liability for damages for failure to safeguard security. The article also provides an analysis of admissibility of approaching the sense of security as a personal right.

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Publication Details

Journal
Teka Komisji Prawniczej PAN Oddział w Lublinie
Published
2024-12-23
DOI
https://doi.org/10.32084/tkp.9255
Primary Topic
Polish Law and Legal System
Type
article
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article

Liability for Failure to Ensure Security in Civil Law

Michał Zalewski
Teka Komisji Prawniczej PAN Oddział w Lublinie
Polish Law and Legal System
article

Liability for Failure to Ensure Security in Civil Law

Michał Zalewski
article en

Abstract

Pursuant to Article 5 of the Constitution of the Republic of Poland, the Polish State is obliged, among other things, to safeguard security for its citizens. Therefore, the public authorities are required to undertake actions aimed at keeping the state of non-threat, allowing the citizens to pursue their interests. A question arises about the effect of failure to perform these obligations. This paper seeks to assess the effect of failure to safeguard security in the civil-law sphere. In particular, the paper discusses the concept of security, delineates the circle of entities burdened with security obligations and indicates the legal regime and conditions for liability for damages for failure to safeguard security. The article also provides an analysis of admissibility of approaching the sense of security as a personal right.

Teka Komisji Prawniczej PAN Oddział w LublinieVol. 17(2)
Maria Curie-Skłodowska University (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 61%
Polish Law and Legal System
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Liability for Failure to Ensure Security in Civil Law — Michał Zalewski · Teka Komisji Prawniczej PAN Oddział w Lublinie (2024) | TGRS Research Map | TGRS