Ograniczenie miarkowania odszkodowania do stosunków między osobami fizycznymi (art. 440 Kodeksu cywilnego) z punktu widzenia zasady równości wobec prawa

Abstract

The measure of compensation regulated by Article 440 of the Civil Code is a limitation of the principle of full compensation. This provision implies the possibility to limit the obligation to compensate for the damage if the principles of social co-existence require it. However, the application of Article 440 of the Civil Code is only possible in relations between natural persons. The provision therefore omits legal persons and “crippled” legal persons. This restriction raises questions from the point of view of the constitutional principle of equality before the law. The purpose of this article is to analyse the compatibility with the principle of equality before the law of the limitation of the mitigation of damages to relations between natural persons, to the exclusion of other private law subjects. The considerations in the article lead to the conclusion that the restriction of mitigation to relations between natural persons is unconstitutional.