Abstract

The article comments the resolution adopted by the bench of 7 Supreme Court judges on 27 March 2018, III CZP 60/17, concerning the problem whether a claim for compensation under Art. 448 and 24 § 1 of the Civil Code may be asserted also by the closest family members of the victim of a tortious act who suffered severe health impairment. The doubts were connected with the contents of Art. 446 § 4 of the Civil Code, which states that compensation may be granted to the family members of a person who died, and the question whether the infringement of family ties due to severe disability of a family member constitutes a violation of personal interests of his/her closest relatives. The Supreme Court found that compensation may be granted also to the family members of a person who is still alive but in a vegetative condition pursuant to the regulations concerning protection of personal interests.