
The issue of liability for damage caused by an enterprise set in motion by natural forces has received broad considerations in Polish literature. However, the progressing socioeconomic development, and above all the widespread use of the forces of nature in business operations, impose a new look on art. 435 that origin dates back to the 1933 Code of Obligations. The purpose of the article is therefore an attempt to critically analyse the indicated provision of the Civil Code. The said analysis will take place on the one hand, on the rich
achievements of domestic jurisprudence, and on the other, on the views of one of the greatest representatives of the doctrine of Polish insurance and civil law, Professor Jan Łopuski. The first part of the study contains de lege lata remarks. In the following, both polemical comments regarding jurisprudence and de lege ferenda postulates are presented.