Monitor Prawniczy

no. 1/2021

Awaiting a resolution of the combined chambers of the Supreme Court, that is on the legal grounds and limits of protection of „family ties”

DOI: 10.32027/MOP.21.1.1
Radosław Strugała
Autor jest pracownikiem Instytutu Prawa Cywilnego na Wydziale Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego. ORCID: 0000-0001-5770-770X.
Abstract

The article discusses the issue of the legitimacy of distinguishing a personal good such as family ties as well as the limits of its potential protection. The possibility of distinguishing such personal interest, although for some time challenged in the doctrine, until recently has been universally accepted in the judicature. In the resolution adopted by the Chamber for Exceptional Supervision and Public Matters on 22 October 2019 the existence of a personal good in the form of family ties was explicitly negated which put into question the possibility of adjudicating compensation to the family members of a person who as a result of a tortious deed has suffered a severe infringement of health and is unable to establish or continue the ties bonding them with the family. Before a resolution of the combined chambers of the Supreme Court aimed to resolve such divergences in its judicature is taken, it is worth having another look at the problem on hand. The article is an attempt to defend the view that it is possible and purposeful to distinguish a personal good in the form of family ties and it is admissible to demand compensation by the closest family members of the person directly harmed by tort under Art. 448 of the Civil Code. An efforts has also been made to prove that there are several additional arguments in favour of this view which have not been so far more broadly presented in the doctrine.