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Więź rodzinna – refleksje nad charakterem dobra oraz dopuszczalnością i sposobami kompensacji krzywdy wywołanej jego naruszeniem

100%
Gąska M.
Forum Prawnicze
|
2018
|
issue 1 (45)
19–34
EN
The article discusses the concept of a family relationship being a personal interest within the meaning of Article 23 of the Civil Code, created in the case law of the Supreme Court. It entitles the close relatives of a direct victim to claim compen- sation damages on the grounds of Article 448 of the Civil Code. The concept is regarded as controversial. Its opponents especially point out that a family rela- tionship cannot be qualified as a personal interest, because of its interpersonal character. The author of the article brings to light the developmental nature of the concept, presents other probable directions of its evolution and anticipates its influence on the legal system.
2
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Glosa do uchwały składu siedmiu sędziów Sądu Najwyższego z 22 października 2019 r., sygn. akt I NSNZP 2/19

86%
Widło J.
Przegląd Sejmowy
|
2020
|
issue 3(158)
263–274
EN
The commentary refers to the resolution of seven judges of the Supreme Court – the Extraordina- ry Control and Public Affairs Chamber of 22 October 2019, ref. no. I NSNZP 2/19, where an an- swer was provided to the legal question on “the right to monetary compensation on the grounds of Article 448 of the Civil Code for a close person of an injured party who suffers a serious and permanent health disorder as a result of criminal offence”. The resolution is of a breakthrough and precedent nature, as it precludes admissibility of protecting the legal value in the form of “family ties” via constructing personal rights and demand for compensation on the grounds of Article 448 of the Civil Code, which is a departure from the established line of jurisprudence. The commentary approves of the issue of qualifying family ties, nonetheless it points to the ne- cessity of legislative amendments in the future, so as to allow the protection of closest family members in cases of the most drastic violation of their rights. It also refers to the possibility of using other legal institutions to protect family ties without the need to refer to the construction of personal rights.
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