Monitor Prawniczy

no. 12/2022

Family bonds as a personal right in light of the regulations of the Civil Code and case law

DOI: 10.32027/MOP.22.12.2
Anna Sosna
Autorka jest studentką prawa na wydziale WPAiE Uniwersytetu Wrocławskiego; ORCID: 0000-0001-7964-149X.
Abstract

Family bonds as a personal right for years have been triggering controversies both in the doctrine and the case law. The resolution of the Supreme Court of 22 October 2019, which changed previous jurisdiction that allowed courts to grant compensation to the closest relatives for serious and permanent health impairment of an injured family member, has become one of the reasons for amending the Civil Code by addition of Art. 4462. The aim of this article is an in-depth analysis of the case law (including Supreme Court judgments) and the applicable provisions of the Civil Code, taking into account the position of the doctrine.