Abstract

The article analyses the possibility of qualifying marital infidelity as an infringement of personal interests. It approves of the Supreme Court judgement finding adjudication of compensation to the betrayed spouse unlawful. An assumption that personal interests create obligations of all towards all excludes the possibility of qualifying infidelity as an infringement of a personal interest since the duty of fidelity is effective solely inter partes. Construing protection of a family ties as a personal right cannot be reconciled with qualifying personal interests as rights providing the entitled persons with prohibitive claims vis-a-vis the infringers, either.