Abstract
The purpose of the gloss is to analyse the impact of the amendment to the provisions on atypical recourse within the framework of compulsory motor insurance on the possibility of exercising this right in a situation where the legal basis for the insurer’s claim did not exist at the time of the accident, but already existed at the time of payment of compensation. The Supreme Court, citing only the legal nature of atypical recourse, took the position that the law in force at the time of compensation payment is applicable. The author does not share the decision. In the gloss, she presents numerous arguments in favour of the need to apply the old law, i.e. the law in force at the time of the accident, and concerning in particular the intertemporal rules and constitutional principles.
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