Liability for damage caused by the fence

Abstract

The article concerns civil liability of the person who intentionally took advantage of the damage caused to another person in the light of the article 422 of the Polish Civil Code. The author considers the above norm on the example of the civil liability of the fence, which in the literature was considered almost a textbook example of conscious use of damage. Therefore, the article presents legal grounds for the liability of the fence. The author analyzes several issues, such as the nature of the fence's liability, definition of conscious action, or joint and several liability of the fence.