Monitor Prawniczy

no. 11/2018

Damages for serious health impairment of the closest family member

Paulina Szymańska vel Szymanek
Autorka jest doktorantką w Instytucie Prawa Cywilnego Wydziału Prawa i Administracji Uniwersytetu Warszawskiego.
Abstract

Existence of a personal interest such as family bond and its protection on the same level as other personal interests raises controversies in the doctrine and in jurisprudence. In the resolutions of March 27, 2018 (III CZP 60/17, III CZP 69/17 and III CZP 36/17) adopted by the bench of seven judges the Supreme Court stated that general damages should be awarded to the closest relatives of the injured person who has suffered serious health impairment. The article critically refers to recognizing family bond as a personal interest owing to its interpersonal character.