Abstract

The article presents a comprehensive approach to the method of marking entities having substantive legitimation to seek compensation for infringement of family ties. This legitimation is endorsed by two structures that are referred to in Art. 446² and Art. 448 of the Civil Code. The author makes an attempt to indicate all components the list of which makes it possible to identify the persons substantively legitimatized to claim compensation. The presented solutions are materially supported by a systemic interpretation as well as reference to Art. 446 of the Civil Code and the concept of "closest family member" contained therein. The author points out the need to refer to the quintessence of family ties each time in the context of indirectly and directly injured persons as another determinant influencing substantive legitimation. The third aspect is the adequate proximate cause that cannot be ignored when determining substantive legitimation in tort claims. The publication explores the understanding of legitimation in the case of the said infringements and, what is more, it can offer a practical help in identifying and verifying substantive legitimation when remedy for infringement of family ties is sought.