Glosa do uchwały Sądu najwyższego z 22 lipca 2020 roku, sygn. III CZP 31/19. Odszkodowanie z tytułu kosztów opieki sprawowanej nieodpłatnie przez osoby bliskie nad poszkodowanym, który doznał uszkodzenia ciała lub rozstroju zdrowia
Gloss to the Decision of the Polish Supreme Court of July 22, 2020 (iii CZP 31/19) Concerning Compensation for the Costs of Care Provided Free of Charge by relatives of the injured Person, who Suffered bodily injury or Health Disorder

Summary/Abstract: The gloss refers to the resolution of the Supreme Court of July 22, 2020 (III CZP 31/19), according to which an injured person who has suffered bodily injury or health disorder may pursuant to Article 444 § 1 of the Civil Code claim compensation for the costs of care provided to him free of charge his/ hers relatives. The author of the gloss expresses his critical assessment of the resolution, pointing out that the mere need to provide care – contrary to the position of the Supreme Court – does not con- stitute material damage. If there is no loss in the assets of the injured party, awarding compensation in the amount of the costs of hypothetical care is noncompliant with the principle of full compensation and leads to the enrichment of the injured person. According to the author, it is of the essence in order to determine the amount due for compensation to establish who incurred the cost of care and whether this cost was at all incurred. The injured person has no legal obligation to reimburse the person who incurred the compensated cost. The author also points out, that the mere fact of being an injured per- son does not imply the right to pursue third parties claims (including relatives’ claims). The author expressed the view that the systemically desired effect can be obtained by applying the provision of Article 444 § 2 of the Civil Code (annuity).

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