Abstract
The article analyses the problem whether it is allowed to file a claim for damages for the death of an immediate family member if it occurred prior to 3 August 2008. In its resolution of 22 October 2010 r., the Supreme Court found that although adjudication of such claim is excluded under Art. 446 § 4 of the Civil Code, the claim is substantiated by Art. 448 in connection with Art. 24 of the Civil Code.
The author does not concur with this view presenting arguments based on grammatical, systemic, historical and intent interpretation, which lead to diverse conclusions.