Prawo – osoba – śmierć. Część II: Teoria Daniela Sperlinga a polski system prawny

Abstract

This article is divided into two parts. In the first part, which was published in 2018, we presented arguments in support of the concept of posthumous interests. Posthumous interests are understood as events that constitute a benefit or a harm to the deceased person, who no longer exists. A right is the interest of a person, which is recognized and protected by law. In the second part, we examine the possibility of applying the theory of posthumous interests in the Polish legal system. We address the following issues: medical confidentiality, protection of medical data after the death of a patient, author’s moral rights, protection of the memory of the deceased, the law on orders and decorations, and the legal status of human corpses. The theoretical background for this article was the book by Daniel Sperling Posthumous Interest, in which the author outlined the problem in point from the perspective of the common law regime.