Monitor Prawniczy

no. 21/2022

The extent of application of Civil Code provisions to liability for mining damage

DOI: 10.32027/MOP.22.21.4
Michał Bieniak
Autor jest adwokatem; ORCID: 0000-0002-8353-2453.
Abstract

The Geological and Mining Law provides a special regulation concerning liability for so-called mining damage and the rules for the prevention thereof. This issue has not been subject to many comments in the doctrine although it is of crucial practical significance. The article is aimed at presenting the relationship between the provisions of the Geological and Mining Law on one hand and the Civil Code on the other. Despite some opinions of the doctrine, in his research the author supports the position of those judgments of the Supreme Court which recognise that Art. 439 may be also applicable to prevention of mining damage.