Abstract

The article discusses the problem of qualifying emotional bonds between humans and animals as a personal right within the meaning of Art. 23 of the Civil Code. There is no doubt that at present, mostly in Western countries, the issue of broadly understood animal welfare plays an increasingly important role. This is caused primarily by the growing ecological movement and the development of philosophical concepts of animal rights, and secondly by the growing importance of animals in society and a change of attitudes towards them. More and more people treat animals not only as useful farm creatures or companions for humans, but as family members, sometimes even „substitutes” for their own offspring. Thus, is an animal dies, for example as a result of an accident, an offence committed by another person or a failed veterinary procedure, these people feel pain and suffering, sometimes comparable to the loss of a “human” family member. The article analyses whether it is justified to recognize an emotional bond between a human and an animal as a personal good subject to legal protection and thus offering grounds for claims in case of its infringement. As the catalogue of personal rights listed in Art. 23 of the Civil Code has an open character, values not explicitly mentioned therein but concerning e.g. emotional relations of a human being, such as a bond with a family member or the worship of a deceased relative, have been recognized as personal rights. Therefore, the article analyses the arguments for and against recognition of a bond with an animal as a personal right, as well as attempts to resolve this problem in the case law of Polish courts.