The Role of Civil Law in Environmental Protection in Poland: Liability, Damages, and Remedies
Year: 2026
Type: article
Abstract: The study shows that classic private law claims, in light of the conventional judicial approach, are not particularly effective in cases involving environmental damage. There are numerous legal grounds for pursuing environmental claims, including those provided for in the Environmental Protection Law and the Civil Code, which often overlap. However, in practice, those seeking to pursue environment-related claims through civil law have often sought to rely on the concept of personal rights. One crucial reason for this trend is the individual nature of civil law claims and the perception of the environment as a common good, which results in evidentiary complexities that are difficult to overcome. The article examines the particular grounds of civil liability for environmental damage, their prerequisites, and the available legal remedies, including compensation and other forms of restoration of the previous state of the environment, as well as measures aimed at preventing future damage. The shortcomings of the current legal framework and attempts to identify alternative solutions for pursuing environmental claims through civil law are also examined.
Authors: Jacek Zrałek, Bartosz Kucia
Institution: University of Silesia in Katowice
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7166079406