Obciążenie pasywami jako szkoda podlegająca naprawieniu. Glosa do uchwały Sądu Najwyższego – Izba Cywilna z dnia 13 marca 2020 r., III CZP 63/19

The author critically assesses the position of the Supreme Court, which, in the resolution under review, allowed the due debt of the injured party to constitute a component of the damage to be remedied by the debtor from the compensation. Heespecially questions the argument that liabilities, as a balance sheet value, diminish the injured party’s property. He believes that, not book values, but market values are decisive for establishing the extent of the damage. Furthermore, the admitance of a claim in connection with an unpaid debt of the injured party raises reservations as to the moment the compensation claim starts to be due (before the liabilities are realized), as well as the prohibition of enrichment of the injured party.