IDEAS home Printed from https://ideas.repec.org/a/fan/aimaim/vhtml10.3280-aim2008-002006.html
   My bibliography  Save this article

The Liability for Food Product in the Polish Legal System

Author

Listed:
  • Marek Stanko

Abstract

The Liability for Food product in the Polish Legal System - A precise definition of the principles and basis of the food product liability is included in an unusually broad scope of the food safety subject matter. Having regard to the whole set of Polish legal tools for food safety, the reader’s attention was focused on civil-legal aspects of producer’s liability for harm caused by food product’s defect. The idea of the article, however, was not exclusively a detailed legal analysis of Polish legal solutions within this subject matter, but mainly an attempt to interpret these regulations which arouse most doubts in the Polish practice, especially from the point of view of their compliance with the Community regulations. The legal harmonization is undoubtedly of crucial importance in this sphere. It needs emphasizing that the majority of essential legal issues related to the subject matter of food safety as formulated in the Community law has been reflect119 ed in the Polish legislation. Currently this subject matter is regulated on the Polish legal area by the act of 25 August 2006 about the safety of food and feeding. It can be claimed, however, that the regulation of the liability for harm caused by unsafe product (comprising also the notions of agricultural produce and food product) in the Polish legislation complies with the requirements of the Community law. The shortcomings pointed out in the course of considerations absolutely do not allow to conclude that the objective of harmonization has not been achieved. This does not eliminate, however, the necessity to bring about changes postulated in the course of legislative considerations. In the Polish doctrine it is stressed that from theoretical, dogmatic point of view especially the new regime of liability for unsafe product (comprising agricultural produce and food product) should constitute a facilitation for claims to be made by the harmed person. It will, however, be the judicial practice which will decide about its legal efficiency. Parole chiave: responsabilità civile, prodotto alimentare, rischio di sviluppo e progresso. Key words: Liability, Food Product, Risk of Development and Progress.

Suggested Citation

  • Marek Stanko, 2008. "The Liability for Food Product in the Polish Legal System," AGRICOLTURA ISTITUZIONI MERCATI, FrancoAngeli Editore, vol. 2008(2), pages 107-119.
  • Handle: RePEc:fan:aimaim:v:html10.3280/aim2008-002006
    as

    Download full text from publisher

    File URL: http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=37132&Tipo=ArticoloPDF
    Download Restriction: Single articles can be downloaded buying download credits, for info: http://www.francoangeli.it/riviste/inglese_download_credit.asp

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:fan:aimaim:v:html10.3280/aim2008-002006. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Angelo Ventriglia). General contact details of provider: http://www.francoangeli.it/riviste/sommario.asp?IDRivista=122 .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.