Kontrowersje wokół ustalania odpowiedzialności z tytułu naruszenia więzi rodzinnych jako dobra osobistego

Abstract

The question if family relations can be deemed as a subject of a personal right effective erga omnes has been considered in Polish jurisprudence and judgments of different courts including the Supreme Court since 2010. In 2018 there was a breakthrough in this debate of great theoretical and practical significance. On March 27, 2018, the Supreme Court of Poland passed three resolutions in extended benches (7 judges) in which it was confirmed that family relations are recognized as a subject of a personal right and that their protection is effective erga omnes. The Supreme Court said also that pecuniary compensation for infringement of family relations which are subject to a personal right can be granted not only in case someone caused that a person – party to a family relation – is dead, but also that the person is seriously and permanently injured. The question of recognition family relation as a subject of a personal right and that their protection is effective erga omnes is very controversial in the jurisprudence of civil law. The controversies are discussed in this paper. The author of this paper does not consider the controversies as enough to question the general idea of recognition of family relations as a subject to a personal right (erga omnes). The author of this paper shares the general view of the Supreme Court (Civil Chamber) presented in the resolutions passed on March 27, 2018, provided to some minor critical remarks. However, it should be pointed out that on October 22, 2019, the Supreme Court (Extraordinary Control and Public Affairs Chamber) passed the resolution in an extended bench (7 judges) in which the admissibility of recognizing family relations as a subject to a personal right (erga omnes) has been questioned. It means that this question is to be resolved by the joint chambers of the Supreme Court.