Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1983, nr 2
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Browsing Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1983, nr 2 by Author "Kwieciński, Tomasz"
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Item Zakres odpowiedzialności PZU z ustawowego ubezpieczenia odpowiedzialności cywilnej rolników(Wydział Prawa i Administracji UAM, 1983) Kwieciński, TomaszIn the article the author discusess scope of liability of insurance institution in a statutory farmers' liability insurance. The iliaibility insurance of farmers was introduced in Poland in 1975 as a statutory insurance. Beside a transportation liability insurance, it became the second statutory civil liability insurance. For this reason the regulation of those two- insurances is often compared in the article. Presently, the farmers' liability insurance is regulated by the order of the Council of Ministers of 24 Feb. 1978 (Journal of Laws No 28, entry 145). Various provisions of this norm-setting act may create difficulties in interprétation. Several problems have to be therefore dealt with, in particular the problem defined in a title of this article. In the first instance the author indicates a group of persons whose responsibility is covered by the insurance. These are: a farmer, his "near persons" (i.e. linked with the person concerned by kinship or a special- relationship, annot. by transl.), persons employed in a farm run by the farmer concerned. A problem of covering contractual liability of an injuirer with the civil liability insurance is also discussed. Other remarks are touching on a question of insurance institutions exclusion of liability as provided in § 5 of the cited order of the Council of Ministers. In the last paragraphs the author discusses the problems of damage assessment and fixing the amount of indemnity due to an injured person from an insurer. The article brings forth several critical remaste on the legal regulation of civil liability insurance of farmers. The author is drawing also certain de lege ferenda conclusions. In the resumption, a justness of applying the farmers' liability insurance as the statutory one is questioned by the author.