Sunday, December 25, 2016

Damage “mikołajkowe”. What do we lose during Christmas? – GazetaPrawna.pl

the most important figure, however, was Santa Claus, otherwise, Undoubtedly, some Santa Claus, a man (right?) from the gifts. Its essential feature are the reindeer pulling the sleigh uginające gifts. With the actions of St. Nicholas can be related to some unpleasant situations. They can cause damage. That can happen and how to behave below.

Rozwożąc gifts Santa uses his sleigh. How are there countless number of gifts will remain a mystery for all generations of Junior and senior engineers. These sleds represent the vehicle which, of course, can move on the roads. To deliver all the gifts necessary to overcome thousands of kilometers. According to police, together with the long routes, dramatically increasing the risk of an accident. If we add the pre-holiday rush, it’s about the tragedy of easy. When the accident will Santa Claus be particularly vigilant. Even if we decide the sleigh for the car exclusive, on the model of the ambulance, in spite of this, they can’t move in violation of all rules of the road. Of course, you need to call the police. In digital format much of the statement, signed Santa Claus might arouse suspicion in the insurance company. This is why you need to get an official confirmation of the circumstances of the accident. Of course, Santa Claus with a straight fair grandfather, ref erring to the onset of labor, will ask not to do it. The decision to leave each of them separately, we remind that it is necessary to reckon with a rod next year.

If we receive evidence supporting that the accident was caused St. Nicholas, it is necessary to determine the degree of responsibility. If the accident occurred on the territory of Poland, this application will have the Russian civil code. Despite the fact that the sleigh of Santa Claus are a vehicle of foreign. The liability of the owner of the sled or the driver not always has to be Santa Claus, will be formed on the principle of guilt, and not on the basis of risk. This second rule is reserved for cars put in motion the forces of nature. Sledges are driven by an unusual reindeer, or supernatural powers. In any case, not forces of nature. In Polish judicial practice is difficult to search for things, like. The only known example can be found in a rather old verdict of the Supreme Court since 1977. It was believed that the owner of the cart will fit on the principle of guilt. While the ordinary peasant’s cart from the sleigh of Santa Claus share the years elfickiej technolo gy is the principle of responsibility will be the same. Therefore, for compensation, you must prove that St. Nicholas was to blame for the current situation. Problematic will be the establishment by the insurer of such sleds. Should refer to the Polish Bureau of Insurers who will provide information about overseas insurance. All these actions will allow you to get due compensation.

the accident should not, however, be reached in this way. Santa’s sleigh can indeed fly. A particular danger may cause carelessly stacked gifts that can fall out. When the falling gift will cause damage, it should be sufficient compensation for what happened. However, if it is not, and we have already killed the child, it again will need to take legal action. With the help of can come to the plane that regulates the motion of the aircraft. The legislator has established that damages of this kind will be associated with cars wprawianymi in motion the forces of nature, and the sleds do not belong to them (the deer). However, the court zastosowałby interpretation of the complement. It will be the same that the sleigh are a special type of aircraft. Then St. Nicholas he problem with wykazaniem of the conditions that disable their responsibility. It will be even easier if we prove that the sledges were in outer space. Yes, indeed, nobody, except maybe the space Agency doesn̵ 7;t know that Klaus does not use it to deliver the gifts. The Convention on international liability for damage caused by space objects. In accordance with the provisions of article II, the state wypuszczające object space under a strict obligation to pay compensation for damage which is released after the space object struck the earth’s surface. You wypuszczające object space will be required to pay compensation. Which, however, will be? At least three are proud to be the headquarters of Santa Claus in their territory. It would be safe to call Finland, Norway and Canada for the payment jointly and severally. The only obstacle is the need to use a Polish official diplomatic channels. There is, however, the risk of international conflict, however, in international politics there is no place for sentiment.

it Should also be remembered that the sleigh drawn reindeer. Animals with a mild temperament. Everyone would be so, if the year-round vacationing. However, deer have more teeth, and hooves, and they can harm. In particular, if they believe that our attempt to push Nicholas for nieczyszczony chimney, should the seriousness of his office. Fortunately, the salvation may come Russian civil Code. As you can see, this is a very complex adjustment. In article 431 k. c. it is also reported that pet is hiding or who owns it, is obliged to compensate the damage caused by this animal. This recipe was the basis for obtaining compensation. Remember udokumentowaniu respective injuries. Best with the camera. The photos will serve not only as evidence in the case, but also as relics of Christmas past.

After the delivery of gifts Santa Claus will not be able to relax. The gifts themselves can cause damage. Especially if the gift did not meet safety standards. Can be considered that the present is a product of threat, which is responsible for the manufacturer, importer or seller. Santa Claus takes all these definitions, and the legal situation is undoubtedly complex. Even to demonstrate that gifts do for him is not legally bound factory elves will not help. Not uwolniłby from the responsibility of the importer, that Russian threat product. Again the winning with certain complications almost sure.

I have great difficulty, if instead of our perfect gift we will receive a rod. We no longer live in an era when such Cara skłoniłaby to deeper reflection. We in the end their rights. Unfortunately, there is no recipe, which clearly would regulate such an abomination. I should stop before trying to get compensation for this humiliation. The presentation of the rod can be considered as a manifestation of justice. This aspect is reserved for courts of General jurisdiction, for which the responsibility of the Treasury. It will be the same if we consider that the rod was provided by the adoption of administrative decisions. If we can prove that Santa Claus acted in the interests of the state and its social role is very large and, by the way, used typical władczość state power over the citizen, the responsibility for this type of damage could be appointed to you. In addition, Nicholas, of course, acted in a quiet przyzwoleniu of the Polish state, which allow for the holding of cour ts over their citizens using a foreign legal entity. Thus, it is not available to citizens of adequate security. In Poland no such argument was not followed, so there’s still a chance, in particular, the appearance on the front pages of Newspapers.

As you can see, the festive period is very dangerous. On each side lurk dangers that can cause harm. Therefore it is better to spend the holidays with your family or with carefully selected friends. Gifts should be appropriately chosen, and we should give them to yourself without risking a visit from Nicholas. Only the Nicholas a little sorry. When he comes back after a heavy night, will be waiting for him, insurance agent, policy for next year.

of Course, contributions will rise again.

Thomas Popielski specialist in repairing the damage GDPM

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