Contractual modifications principle of full compensation

Reducing the principle of full compensation may be due to the will of the parties, the it can go in two directions: limit the scope of the injury which required a fix and reduce the amount of compensation. You can also extend the size of the liability over the range specified in the provisions of the Civil Code. All such contractual clauses are evaluated in terms of compliance with the law and the principles of social coexistence.
Judicial restraint compensation
In the relationship between natural range of paying for the damage can be limited according to the circumstances where, because of the financial status of the victim or the person responsible for the damage require the restriction of propriety.
This restriction has the obligation to make reparation to the liability in tort and should not be extended to other cases of liability.
Types of compensation
Compensation shall be at the option of the victim:
* Or by restitution (restitution natural)
* Or by the payment of an appropriate sum of money (monetary restitution).

If restitution was not possible (eg the destruction of things) or entail undue hardship for the debtor or the cost, claim the victim is limited to monetary damages.
The burden of proof as to the existence and amount of the damage
As a general rule, the burden of proof, the burden of proof and the existence of damage rests with the victims. If, however, the compensation for the damage the court finds that the strict proof of claim is impossible or extremely difficult, perhaps in the judgment to award the appropriate amount according to his assessment based on consideration of all the circumstances of the case. Recognition judges can not relate to the fact of damage, which should be proven by the injured party in general terms.
EXAMPLE
As a result of a traffic accident caused by Wojciech B. destroyed his van. He was forced to rent a replacement vehicle until the payment of compensation by the company, in which the car was insured. After a month, the company has paid the claimant the 7980 zł, and then reported that the cost of renting the vehicle will be settled after submission of relevant evidence. The plaintiff paid the hire car 12 985 zł and 9310 zł. The court held that both the sum and the amount of 901.64 zł for car wreck residue was obliged to cover the insurance company on the basis of Art. 822 Civil Code in connection with art. 361 Civil Code On an appeal by Wojciech B. B. District Court issued a judgment in which decreased the amount awarded to 901.64 zł, dismissing the claim and the appeal of the remainder. Wojciech B. appealed the ruling. Supreme Court held that damages should restore the property casualty situation affected causing event, it can not, however, exceed the amount of actual loss. The loss of the thing due to the destruction of property damage. If the victim has incurred expenditure necessary to rent a replacement vehicle, then they fall within the limits of the effects of countervailable claims ratio. Supreme Court overruled the decision in rejecting the claim for payment of 22 295 zł (Supreme Court judgment of September 8, 2004, Ref. Act IV CK 672/03).

The basic principles

The basic principles of liability for damages awarded by the Polish civil law include:
* The principle of guilt,
* The principle of risk
* Equity.
Is the basic principle of fault liability principle in the legal systems derived from Roman law tradition (including Polish), which applies to both contractual liability and tort. In accordance with the principle of fault to repair the damage is only required that the entity that caused the injury in a committed, such as negatively evaluated from the point of view of the current legal system. The principle of risk, unrelated to the condition of guilt, has numerous applications in the Polish law (eg liability under the warranty for faults in the contract of sale, delivery, statement of work). The exemption from strict liability in the case of such force majeure. In specific cases, the legislature authorizes the award of damages on the basis of the so-called. principles of equity, and to use the terminology of the Civil Code - based on the principles of social coexistence.

Determining the size of the damage
Scope of protection depends primarily determine the extent of the damage, which is included under the rules governing liability for damages. As a rule, the compensation shall not exceed the amount of the damage, but it should also be on the lower.
Contributory negligence
If the victim has contributed to the creation or increase of the damage, the obligation to repair is a corresponding reduction according to the circumstances, and especially to the degree of fault on both sides. About contributing occurs when the light of the concept of adequate causal behavior of the victim can be considered as one of the elements leading to injury. Reduction of compensation is normally done in the correct ratio percentage.
Credits obtained financial benefits
When a specific event triggers both damage and benefit to the patient, in determining the amount of compensation shall be set off both of these items (principle compensatio lucri cum Damno). This principle is often applied to the compensation paid to the victims of traffic accidents due to the compensation of insurance.

First words

Compensation is a benefit designed to compensate for prejudice, she had experienced person as a result of the fact that the legally protected right and interests have been infringed. The Polish legislation and case law the concept of "compensation" used to be combined with compensation for material loss, and compensation for prejudice niemajątkowego referred to as compensation for the damage.

The term "harm" is defined harm to legally protected goods (wealth, honor, health, etc.), and the injury must be the result of an event which combines law duty to repair it.
The conditions and rules of liability
Withdrawal liability is subject to the following conditions:
* There must be a pity,
* Damage must result from an event to which the act involves the obligation to repair,
* Between the event, which involves law duty to repair the damage, and the damage must occur on the relationship defined as an adequate causal relationship.

Event of injury

In the event of injury or harm to health encompasses all damages arising from incorrect charges. At the request of the victim liable for damages should be put in advance the sum needed for the cost of treatment, and if the victim has become invalid, the amount of money needed for the cost of preparing for another profession. If the victim has lost fully or partially earning capacity, or if their needs have increased or decreased chances of success for the future, he may require the debtor to remedy adequate pension. If at the time of the judgment the damage can not be precisely determined, the victim may be granted a temporary annuity.

If, as a result of injury or harm to health of the death of the victim, to make good the damage should pay medical expenses and funeral to those who incurred them. The person against whom the deceased was under a legal duty to maintain, require the debtor to remedy pension calculated according to the needs of the victim and the earning capacity and property of the deceased by the time the probable duration of the maintenance obligation. The same annuity may request other relatives who died willingly and consistently provide the means of subsistence, if the circumstances that require the rules of social coexistence. The court may also grant immediate family members of the deceased appropriate compensation if his death was due to a significant deterioration in their living conditions. The court may also grant immediate family members of the deceased appropriate amount of pecuniary compensation for the damage suffered.

The Basics

The terms "compensation" and "compensation" are about two different issues and therefore can not be equated with each other. Atonement is a one-time benefit of a financial nature. Its purpose is to alleviate the suffering both physical and mental health of the victim. The premise redress harm to occur, ie the negative consequences of mental health, which was caused by a tort. Compensation refers to the non-pecuniary damage. It deals primarily personal injury.

While the monetary compensation is compensation for the damage. The calculation of the damage is not possible with the available methods of calculating damages. The most common method is to determine damages in the amount of the market value of the goods before the damage. From the above it is clear that the condition is any injury compensation. It is defined as an adverse change in the status of victim's property, which is a consequence of the unlawful act.

The basis for redress of the provision of Article. 445 § 1 of the Act of 23 April 1964 of the Civil Code (Journal of Laws of 1964 No. 16, item. 93, as amended. D.). According to it, the court may grant the victim an appropriate amount of pecuniary compensation for the damage suffered.

The court in determining the amount of financial compensation should take into account all the circumstances that have affected the size of the non-pecuniary damage suffered, and which include:

the duration and degree of physical and mental suffering;
durability of the accident;
age of the victim;
predictions for the future of the health of the injured person;
impact on the ability to conduct normal life.