Personality Rights in Poland
Personality Rights in Poland

Summary/Abstract: Personality rights are protected in the Polish law by the regulations of Art. Art. 23-24 of the Civil Code. Moreover, the issue is regulated on the constitutional level as well, and also in the Penal Code, and still – partially – in the regulations of the public law. The notion of personality rights was defined by the legislator who left the task to be dealt with by the doctrine and case law. It is accepted that personality rights are of the legal unconditional rights character, and their catalogue is open. The protection covers both personality rights of physical persons and legal ones, although – in the case of the latter – there exist doubts whether the scope of protection should be identical with that granted to the former. Basically, personality rights expire alongside with the death of the entitled person, although in the case of copyright they can be executed after the creator’s death by indicated persons. The civil legal protection of personality rights includes the legal claim to have the fact of violation established, satisfaction (eventually payment of a fixed sum made over to a social cause) and compensation, as well as the claim to have the effects of violations removed, including submission of a statement with the suitable content or in the appropriate form.

• Details
• Contents