Conditions for liability for damage or destruction of a tree

Abstract

The article focuses on applicable legal solutions regulating liability for the destruction and damage of a tree. Its main purpose is to show the whole spectrum of doubts that arise in practice, in particular when interpreting the concepts that shape this responsibility. Lack of precision of regulations forces public administration bodies and courts to reach for sophisticated interpretative instruments that allow to rationalize their content and formulate directives adequate to the system assumptions of nature protection law. The author argues that this formula of „legal action” is undesirable and should be temporary, only until the necessary amendment is adopted. Under no circumstances should it become mandatory practice.