Abstract

The article is concerning issues on the boundary of the rights in rem and the law of obligations. The force majeure is defined in two provisions of the Polish Civil Code: articles 142 and 424. The previous provides for a right of the person who is protecting a legal interest to legally encroach upon the property. Despite this, when the damage arises the owner has the right against the person saving the legal interest to have the damage redressed. The essence of the latter provision is making an unlawful deed of the person saving the legal interest legal. Both provisions employ similar legal constructions and the greatest difference between them is how the collision of legal interests should be assessed. There is a problematic issue of mutual relationship of the provisions. Based on the analysis performed it is clear that the relationship of both provisions should be defined as distinct which excludes simultaneous application of both provisions but does not exclude paying damages on the basis of article 142. The assessment would not be different if article 142 would be deemed as excluding the civil liability whatsoever.