“We are together, but each of us separately.” Friendship as a close legal relationship

Abstract

AbstractFriendship is undoubtedly perceived by individuals as a close relationship—based on a special bond and commitment. However, it is a relationship that is very limitedly regulated by the law and is not explicitly labeled as close by legislators. In this study, three research goals were set. The first goal is to determine how friendship is characterized in legal acts, legal literature, and judicial decisions. Marriage, parenthood, or even romantic relationships are to some extent protected by the law, each to varying degrees. Friendship, on the other hand, differs as it does not appear in legal acts in the context of interpersonal relations. Nevertheless, friendship is not absent from legal discourse. This is because, at times, the object of protection in Polish law is not so much marriage, parenthood, etc., but broadly defined "closeness." For this reason, it was determined if and when friendship is considered a "close relationship" (goal 2). Third, with reference to the results obtained earlier, the costs and benefits of the residual coverage of friendship under the law were considered (goal 3). The primary context for these considerations was Polish legislation with incidental references to other legal systems.