Abstract

The article refers to Art. 446² which has been recently added the Civil Code. New Art. 446² clearly prejudges admissibility of getting a compensation by those closest to the victim of tort for the damage caused by the impossibility to establish or continue family ties between them and the victim. However, it does not dispel doubts as to the possibility of recognising such ties as a personal interest. The article proposes an interpretation of new Art. 446² KC, and aims to determine whether in granting the possibility of claiming a compensation this provision associates it with an infringement of a personal interest or constitutes a self-contained basis for damages regardless of such infringement. The proposal aims at resolving the specific problems concerning the group of those who are entitled to a compensation as well as the extent of factual situations in which a claim for compensation regulated in Art. 446² of the Civil Code may arise.