Więź emocjonalna ze zwierzęciem a dobra osobiste
Emotional bond with an animal and personal interests
Author(s): Karolina PanfilSubject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: personal interest; emotional bond; loss of a domesticated animal; immaterial harm; compensation for non-pecuniary loss;
Summary/Abstract: The paper looks at the legal consequences of a domesticated animal’s death in the sphere of private law. A prevailing view of the Polish doctrine excludes any claims aimed at monetary or non-monetary compensation of the harm suffered by an owner as a result of an animal’s death. Several recent cases concerning such claims, resolved by the Polish courts differently, have been criticized. In particular, most authors think that the emotional bond between a person and their animal cannot qualify as a personal interest protected by Article 24 of the Polish Civil Code. The article discusses critically the majority view and presents arguments in favor of a different approach to the civil law compensation for harm caused by a domesticated animal’s death.
Journal: Radca Prawny. Zeszyty Naukowe
- Issue Year: 2021
- Issue No: 3
- Page Range: 147-166
- Page Count: 20
- Language: Polish